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Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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CIHM/ICMH 

Microfiche 

Series. 


CiHIVI/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  da  microraproductlons  hl.torlqua. 


Technical  and  Bibliographic  Notas/Notas  tachniquea  at  bibliographiquaa 


Tha  Instituta  has  attamptad  to  obtain  tha  bast 
original  copy  avaiiabia  for  filming.  Faaturas  of  this 
copy  which  may  be  bibliographically  uniqua, 
which  may  altar  any  of  tha  images  in  tha 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


E 


Coloured  covers/ 
Couverture  de  couleur 


I      I   Covers  damaged/ 


Couverture  endommagte 

Covers  restored  and/or  laminated/ 
Couverture  restaur^  et/ou  pellicuiie 

Cover  title  missing/ 

Le  titre  de  couverture  manqce 

Coloured  maps/ 

Cartes  giographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encro  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illuatrations/ 
Planches  et/ou  illustrationa  en  couleur 

Bound  with  other  material/ 
Relii  avac  d'autres  documents 


D 


D 


n 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liura  serrie  peut  causer  de  I'ombre  ou  de  la 
distorsion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appsar  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  la  texte. 
mais,  lorsque  cela  «tait  possible,  ces  pages  n'ont 
pas  iti  film^as. 

Additional  comments:/ 
Commentaires  supplAmentaires; 


L'Institut  a  microfilm*  la  mailleur  axempiaire 
qu'il  lui  a  iti  possible  dt  se  procurer.  Las  details 
de  cet  axempiaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  axiger  una 
modification  dans  la  m«thode  normaie  da  filmage 
sont  indiquAs  ci-dessous. 


□   Coloured  pages/ 
Pi 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagies 

Pages  restored  and/oi 

Pages  rastaur^as  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxe< 
Pages  dicolordes,  tachatias  ou  piquies 

Pages  detached/ 
Pages  ditachies 

Showthrough/ 
Transparence 

Quality  of  prin 

Quality  inigale  de  I'impression 

Includes  supplementary  materic 
Comprend  du  material  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 


|~~|    Pages  damaged/ 

r     I    Pages  restored  and/or  laminated/ 

r^    Pages  discoloured,  stained  or  foxed/ 

fyj    Pages  detached/ 

Fy]    Showthrough/ 

I      I    Quality  of  print  varies/ 

rn    Includes  supplementary  material/ 

I     I    Only  edition  available/ 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues.  Mtc,  have  been  refiimed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partieilement 
obscurcies  par  un  feuillet  d'errata.  una  pelure, 
etc.,  ont  iti  filmies  d  nouveau  da  facon  d 
obtanir  la  mailleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 
Ce  document  est  film*  au  taux  de  reduction  indiqu*  ci-dessous. 
^°X  14X  18X  22X 


26X 


30X 


y 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  3f : 

Douglas  Library 
Queen's  University 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibili^; 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —»>  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grAce  A  la 
ginirositA  de: 

Douglas  Library 
Queen's  University 

Les  images  suivantes  ont  «t«  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet«  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimte  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  term^nant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  fiimts  en  commengant  par  la 
premlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illrjstration  et  en  termlnant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaftra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  V  cignifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film^s  d  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  filmd  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


1  2  3 


1 

2 

3 

4 

5 

6 

■■^■™>-«iii»i»»i 


''.  J 


fREATIES 


'^C-' 


nKTWEEX 


The  Dnited  States  AND  Great  Britain- 


1J18CIISSEI)  FJiCM  A 


FISHERMAN'S  STANDPOINT, 


I»Y 


LUTHER  MAODOCKS, 


Secretary  National  Fishery  Association, 


WASHINGTON,  D.  0. 


Marcn  1st,  1888. 


Washington.  D.  C  : 
Gray  k  Clarkson,  Printers. 

1888 


^^-'i 


1  ;^.\D 


%    / 


V'J-';--.,-;^- 


'^■y^..?;^^:.< 


'The  EDITH  ami  LORNE  PlERcTl 

Collection  ./CANADIANS 


ilueens  University  at  Kingston 


'cm'.^^>i- 


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-J 

■) 

Si 


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.♦f  •■' 


THE   TREATY   SUMMARIZED. 


Delimitation  in  this  case  means  the  establishment  of  the  Headland 
Theory,  which  we  nave  always  protested  against,  and  gives  up  thou- 
sands of  square  miles  of  water  which,  under  the  treaty  of  1783  and 
1818,  we  had  a  right  to  use. 

The  Strait  of  Canso  there  is  no  contention  about,  for  it  has  always 
been  a  free  highway. 

We  receive  under  this  treaty  only  humane  privileges,  such  as  all 
civilized  or  semi-barbarous  nations  grant  to  each  other,  even  when 
there  is  no  treaty  to  bmd  them.  Canadian  vessels  have  had  full 
commercial  privileges  in  our  ports  since  1830.  If  there  is  any  doubt 
as  to  what  privileges  we  have  in  Article  XI  there  can  be  no  doubt  in 
Article  XV  as  to  what  privileges  we  do  not  have  or  those  which  we 
can  have  when  Canada  can  send  fish  free  into  our  markets.  To  re- 
move the  duty  on  fish  would  be  to  sound  the  death-knell  of  the 
American  fisheries.  This  is  sought  by  Great  Britain  to  destroy  our 
marine  power  and  to  add  to  her  strength,  and  give  her  colonies  the 
monopoly  of  our  fish  markets. 

The  American  fishermen  decidedly  object  to  having  any  disfiguring 
marks  put  upon  their  vessels,  which  are  their  pride,  and  say  that 
the  Stars  and  Stripes  are  sufficient  marks  for  their  identification. 

The  tonnage  tax  mentioned  in  the  protocol  is  outrageous,  and  is  in- 
tended to  fix  a  value  on  privileges  which  are  ours  by  right,  but  are 
WITHHELD  by  this  treaty. 

There  is  no  word  in  the  treaty  which  gi-^es  the  least  intimation 
that  American  fishermen  would  receive  under  it  the  least  recom- 
pense for  the  outrageous  and  barbarous  treatment  to  which  they 
have  been  subjected  by  Canada  during  the  past  three  years,  nor 
for  the  illegal  detention  and  seizure  of  vessels  by  Canada  does  the 
United  States  claim  damages. 

The  contention  of  tlie  United  States  is  giving  up,  and,  if  this 
treaty  is  accepted,  the  world  must  liold  that  we  have  not  been  honest 
in  asking  for  tlie  rights  which  have  always  been  held  to  be  ours,  but 
which  this  treaty  surrenders,  and  its  defenders  try  to  show  were 
merely  false  pretenses. 


ITS  TEEMS  DISCUSSED. 

The  treaty  recently  concluded  at  Wasluugton  between  Great 
Britain  and  the  United  States  and  which  is  now  receiving  the  con- 
Hideration  of  the  Senate,  and  the  ratification  of  which  has  been  asked 
lor  by  the  President,  is  a  document  which  needs  the  careful  consid- 

Z^IT  ^^^''V^T'^  '•  H'"  ?''^'"««  »"^  ^hose  interests  are  to 
be  affeoted  by  it ;  and  particularly  is  it  entitled  to  receive  the  great- 
est  attention  and  consideration  from  those  gentlemen  who  are  in- 
trusted with  the  important  functions  of  legislating  upon  it.  Before 
officml  action  18  taken  by  the  Senate  upon  this  treaty,  it  seems  emi! 
nently  desirable  that  an  expression  of  opinion  should  be  givenTy 

twi°i''■^•'^!^^\'¥^^'*''"'«'  ^""^  *hat  it  should  be  viewed  from 
the  standpoint  of  the  fishermen,  so  that  the  public  may  know  whether, 

^If  r^?ir''"Sf  *^-^  ""^'^  '"*f '^'^^  ^'^  °^««t  effected,  this  docui 
sTtPrlT  "^f"  ^^'''^  ''''^''  '^"^  ^"^^"«  ^^'''  '•equire^ents,  or  is 
stated  in  such  a  manner  as  to  definitely  and  absolutelv  settle  all 

SZrri"^  t"^V  ^^f/"^*  *^**'  ^^^-^g^  *he  treaty  has  been  pu" 
hshed  only  a  few  days,  it  has  provoked  an  endless  diversity  of  opinion 
and  interpretation,  seems  to  make  it  necessary  to  prepare  this 
criticism  and  to  state  wherein  its  provisions  may  or  may  n^ot  be  un! 

tXTl'nfi"'^'-''''  I*  I'  ^'^''''^  '^^'  they  are  inimical  to  the  best 
interests  of  American  fishermen 

,.t  wT'-f"-i1  t^%^';^^y  J"l*  concluded,  which  has  been  quoted 
at  length  It  will  be  first  seen  that  it  purports  to  be  a  treaty  for  the 

Toctbef  20  lSi«T*?v?  '^'^'^^  ^''''^'  fi^«*  «f  *^«  convention 
mi«nnS     a'-    ^•^'  ^^l^^\V^^Vose8  "  of  removing  all  causes  of 

misunderstanding  in  relation  thereto,  and  of  promoting  friendly  inter- 
^  course  and  good  neighborhood  between  the  United  States  aud  the 
possessions  of  her  Majesty  in  North  America  " 

It  IS  doubtless  a  fact  that  the  gentlemen  who  acted  for  the  United 
States  earnestly  desired  to  conclude  an  arrangement  which  might 

thlTrLT^'^'Ts'''^-'''^'''^  ^^  °^^'  ^■"^"'•^  fi«^^^y  '•elations  with 
Ww"  ft     ""    \  American  provinces.     It  is,  however,  unfortunate. 

L«  nfl!l'"'.?°^i^?'if 'T-'  "^*^«  U°i*«d  St^*««  ^hose  interests 
tnZl  T^^  ^^"'^"^  \  ^^'  *^"^*y'  '^^^  i*«  provisions  are  stated 
in  such  ambiguous  terms  that  its  proper  interpretation  is  apparently 

o  tt'^lr^T  •'^^^':,  ^''  °"^^  ''  '^'  fisherman,  who  is^unused 
to  the  technicalities  and  construction  of  diplomatic  phraseology,  ren- 

bf  ^  J  •V'' ''^^'i-P'r-  *h^*^«*ty  i'^  a  practical  manner,  so  that 
he  may  avoid  complica  ions,  but  we  find  that  men  learned  in  law 
and  experienced  in  diplomacy,  men  of  rare  scholarship  and  execu- 

JitlprltiTn.'^^'"'  *-'''*^'  '^'  ''  ''  ''^'^''  '^  ^-'  ^^~^ 
It  is  somewhat  noteworthy  that  this  present  treaty,  which  is  sup- 

LTi  fi  *f  V^.'  ^}^''  "^  '^-^  ''f'^  ^^  ^Sl«'  ^°d  t«  ^«^  definition  Sf 
?ftis  i'  .'  f  «o»^ention,  fails  to  specify,  as  does  the  treaty  of 
1818,  the  particular  coasts  upon  which  our  fishermen  still  retain  the 
right  to  fish  in  the  littoral  waters  inside  the  limit.  The  failure  to 
make  this  designation  in  plain  and  unequivocal  language  leaves  it 
open  to  a  doubt  whether,  if  the  present  treaty  is  ratified,  our  fisher- 


w 


8 

men  may  not  be  deprived  of  these  ancient  rights  which  they  have 
been  in  possession  of  since  the  cenvention  of  1818,  or  earlier 
nr A  ?''u*  provides  for  the  delimitation  of  British  waters,  bays, 
creeks,  and  harbors  of  the  coasts  of  Canada  and  Newfoundland,  a 
to  wuich  the  United  States  renounce  forever  any  liberty  to  dry  nets 
or  cure  fish,  but  nothing  is  said  in  that  article,  nor  islny  menSon 
fCr  A  *°y  .""^^^^t^ding  sections  of  the  treaty,  of  any  coastR  in  British 


>' 


^.  orth  America  where  our  fishermen  still  enjoy  a  right  to  the  inshore 
izTTu  /'•««."'?!l^bly  \^^f.  intended  by  those  who  drafted  this 
TnTn/.  I  °?/if^*'  ^^  *]"'  kind  which  Americans  have  heretofore 
enjoyed  should  be  surrendered.  But  the  fact  that  different  construe- 
tions  have  already  been  put  upon  this  matter,  in  the  discussions 
which  have  appeared  in  the  daily  press,  and  the  additionnl  fact  that 
those  interested  in  the  fisheries  are  entirely  unable  to  definitely  de- 
cide whether  those  rights  have  been  surrendered  or  not,  shows  con- 
clusively how  desirable  it  might  have  been  to  place  this  mitter  beyond 
question. 

In  regard  to  the  manner  of  delimitation,  as  provided  for  in  this 
treaty,  nj  special  objection  might  be  made,  perhaps,  were  it  not  that 
the  treatment  received  by  the  United  States,  in  a  similar  controversy 

*jie  appointment  of  members  to  the  convention  at  Halifax,  had 
made  this  system  of  settling  our  fishery  troubles  exceedingly  odious 

W  I,""  TT  ^r.^SJT'*"^  ^"  *^"  *^«^^"««-  I*  i«  °ot  yet  forgotten 
how  the  United  States  was  treated  in  that  affair,  and  if  justice  and 
fair  dealing  were  denied  us  then,  have  we  any  right  to  expect  better 

preSdmeV*"'  *''"^'  "^  ^'''''  ^''*"^"  "^^  her  coSs  at  the 
In  regard  to  the  delimitation  of  bays,  creeks,  harbors,  &c.,  it  must 
wn„u  r"^  '"^^i  *^*'  '?  accepting  this  treaty  the  United  States 
would  be  surrendering  the  contention  which  she  has  always  made 
imr«n^  .V,  • '  '\f.^''^^'''  'I  ^^S'^^d  to  the  right  of  our  fishermen  to 
?hp  Rr5t;«r^'  fil"?  ^°^^^^^«  «"t«lde  of  three  miles  of  the  coasts  of 
the  Bnt  sh  North  American  possessions.  If  any  advantage  had  been 
gained  to  our  fishermen  by  this  surrender,  there  might  have  beeS 
an  excuse  for  it,  but  we  certainly  fail  to  see  where  Iny  concession 
has  been  made  by  Canada  which  may  be  considered  a  fai?  equivalent 
for  this  arrangement,  which  prohibits  our  fishing  vessels  from  enter- 

'r^Si^T  .  tr""^  ^  ''"'*''^"  ^^'^^*-  '^h^  assertion  which  has  been 
made  that  these  bays  are  not  available  to  Americans  as  fishing 
grounds  IS  not  a  defensible  one.  Even  if  this  is  granted,  there  can 
^n^r^rTK  ^""•^^^f^^S  \¥'^'  ^hich  we  have  long  possessed 
?Tnl  ^<.''  ^'''  ^l"^^^'  been  claimed  by  the  ablest  statesmen  of  the 
Uni  ed  Mates,  unless  we  obtain  for  these  some  equivalent  which  may 
be  of  value  to  our  fishermen.  ^ 

rJhA%T'''''*'''W^ '!  proper  to  refer  to  Article  IX,  wherein  the 
right  of  fishing  vessels  of  the  Dnited  States  to  navigate  the  Strait  of 
Canso  18  afiirmed._  Although  there  has  been  «ome  diplomatic  dis- 
cussion as  o  the  Tight  of  American  fishing  vessels  to  navigate  the 
btrait  of  Canso,  it  is  beyond  question  that  this  strait  has  always 
been  considered  the  highway  of  nations,  and  vessels  of  all  classes 
have  navigated  it  without  restriction  since  the  establishment  of  the 


independence  of  the  United  States.  It  is  true  that  the  President 
■tates  that :  **  The  uninterrupted  navigation  of  the  Strait  of  Canso  ia 
expressly  and  for  the  firtt  time  permitted."  Well  may  the  Hon. 
William  H.  Trescott  ask:  "Who  has  ever  denied  it?"  And  he 
continues :  "  What  further  or  other  affirmation  do  we  need  than 
that  it  is  the  necessary  means  of  communication  which,  as  an  inde- 
pendent nation,  we  have  used  for  a  century,  botween  t',a  American 
waters,  the  right  to  navigate  and  fish  in,  which  is  ours  by  the  trea- 
ties of  1783  and  1818."*  He  rightly  believes  that  an  English  states- 
man would  as  soon  think  of  closing  the  Strait  of  Gilraltar  or  restor- 
ing the  dues  at  the  Strait  of  Elsinore  as  he  would  of  closing  the 
Strait  of  Canso  to  navigation. 

In  making  this  new  treaty,  in  which  it  is  claimed  there  are  im- 
portant concessions  for  the  fishermen  of  the  United  States,  it  is 
evident  that  the  treaty  of  1818  served  as  a  basis  for  the  present  ne- 
gotiations, and  that  the  commercial  arrangement  between  Great 
Britain  and  the  United  States  in  1830  has  been  utterly  ignored. 
When  we  see  Canadian  and  Newfoundland  vessels  enjoying  in  our 
ports  all  the  commercial  rights  which  our  own  vessels  have,  and  ob- 
serve the  fact  that  our  Government  is  exceedingly  solicitous  to  avoid 
giving  thef?e  foreigners  any  trouble ;  and  when  it  is  clearly  under- 
stood that  by  the  acts  and  proclamations  of  1830  our  vessels  are 
entitled  to  the  same  rights,  privileges,  and  considerations  in  the 
l)orts  tf  Canada  that  Canadian  vessels  receive  iu  ours,  it  is  certainly 
a  raattf  r  of  surprise  that,  in  a  formal  treaty  of  this  kind,  privileges 
far  more  restricted  and  which  fail  to  secure'to  our  fishermen  all  that 
they  should  enjoy,  are  looked  upon  and  mentioned  as  containing  im- 
portant concessions  to  the  people  of  the  United  States — at  least  this 
is  the  construction  put  upon  it  in  the  President's  message. 

The  main  thing  contended  for  by  American  fishermen,  since  the 
abrogation  (1885)  of  the  fishery  clauses  of  the  treaty  of  1871,  has 
been  for  the  enjoyment  of  those  commercial  rights'  in  Canadian 
f.'orts — the  same  rights,  nothing  more  nor  less — which  Canadians  en- 
joy in  the  United  States.  It  has  not  been  a  matter  of  fishery  rights 
for  which  they  have  contended,  because  they  have  distinctly  stated 
and  reiterated  the  statement,  time  and  again,  that  Canada  has  no 
inshore  fisheries  for  which  they  are  disposed  to  treat  or  to  accept, 
wliere  an  equivalent  is  demanded.  The  convention  of  1818  produced 
a  treaty  which  was  a  fishery  treaty  and  nothing  else.  It  gave  us  no 
commercial  rights,  nor  had  we  enjoyed  any  commercial  rights  in  the 
ports  of  British  North  America  under  previous  treaties,  f 

*New  York  Herald,  February  27,  1888. 

t  Che  treaties  of  1854  and  of  1871  were  also  fishery  treaties.  It  was  conceded  at 
Halifax  in  1877,  by  the  Joint  Commissioners,  that  the  so-called  Washington  treaty 
gave  no  commercial  righ's  to  fishermen  of  the  United  States,  and  that  they  were 
not  entitled,  under  the  provisions  of  that  treaty,  tc  purchase  bait,  ice,  or  other 
commodities  in  Canadian  ports.  But  although  Americans  were  granted  no  com- 
mercial rights  in  these  treaties,  it  is,  nevertheless,  a  fact  that  since  the  reciprocal 
trade  arrangement  of  1830  the  fishing- vessels  of  the  United  States  have  bought 
bait  and  other  supplies  in  Canadian  ports,  where,  also,  they  have  shipped  men  and 
transhipped  their  cargoes ;  nor  was  the  ri^ht  to  do  these  acts  questioned  until  1870 
when  Canada  was  trying  to  coerce  the  United  States  into  making  a  treaty  w  hioh 
would  open  our  markets  to  her  fishery  products.  Th^n  she  seized  our  vessels  for 
buying  bait,  and  refused  com  ncrcial  ri>;lit«  wh'ch  we  \va\  previous' v  eiijoved. 


"The  policy  of  Groat  Britain,"  nays  Judge  Cliarles  Levi  Wood- 
bury, "  first  expressed  by  the  act  of  12  Car.  II,,  had  been  to  prohibit 
foreign  nations  from  intercourse  by  sea  with  her  colonies,  either  to 
import  into  or  export  from  them  in  their  vessels.  This  policy  was 
in  force  when  the  treaty  of  1783  was  made.  The  rights  of  the  United 
States,  therein  acknowledged,  to  use  the  ports,  creeks,  and  shores  for 
the  purpose  of  its  fisheries,  conferred  no  right  to  trade  with  British 
North  America.  In  1818  the  laws  of  the  United  States  also  pro- 
hibited British  vessels  from  importing  from  or  exporting  to  the 
colonies,  from  the  ports  of  the  United  States,  and  continued  so  to 
prohibit  them,  long  after  the  treaty  of  1818." 

Thus  it  will  be  seen  that,  in  the  treaty  of  1818,  the  right  to  fish 
within  the  three-mile  limit  of  certain  parts  of  the  coasts  of  the  British 
Provinces  was  renounced  by  the  United  States,  but  the  right  was 
reserved  to  our  fishermen  to  enter  all  bays  and  harbors  within  those 
limits  for  the  purpose  of  shelter  and  repairs,  and  to  procure  wood  and 
water,  subject  to  regulations  which  should  prevent  them  from  abus- 
ing the  privileges  thus  conferred  upon  them.  The  privileges  thus 
given  were  not  commercial  in  their  nature;  they  concerned  chiefly 
the  safety  of  fishing-vessels  and  their  crews,  and  were  granted  as 
special  rights  to  enable  them  to  prosecute  their  voyages  with  greater 
safety  and  with  the  best  assurance  of  success.  These  clauses  in  the 
treaty  of  1818  made  the  fishing- vessels  of  the  United  States  a  spe- 
cially privileged  class  at  a  time  when,  as  we  have  seen,  no  other 
American  vessels  \/ere  permitted  to  hold  intercourse  \7ith  the  British 
Provinces.  These  privileges  and  rights  were  not  accorded  to  Ameri- 
can fishermen  from  any  generous  spirit  on  the  part  of  Great  Britain, 
but  because  it  was  held  by  American  statesmen,  who  had  the  moral 
support  of  the  civilized  world  at  that  time,  that  these  were  rights  that 
were  held  in  common  with  the  subjects  of  Great  Britain,  and  that  it 
was  no  concession  on  the  part  of  the  latter  government  vhat  Ameri- 
can fishermen  should  retain  that  which  they  had  so  long  enjoyed. 
If  this  is  true,  and  we  believe  there  are  none  bold  enough  to  deny  it, 
then  the  treaty  of  1818  should  have  a  liberal  construction  so  far  as 
the  rights  of  American  fishermen  are  concerned.  Viewed  in  this 
light,  it  certainly  seems  unreasonable  that  this  class  of  mea  and  ves- 
sels which  were  entitled  to  special  rights  and  privileges  prior  to  1830 
should  now,  or  at  any  time  since  that  date,  be  restricted  in  the  enjoy- 
ment of  privileges  which  are  accorded  to  citizens  of  the  United  States 
engaged  in  other  trades. 

Now,  under  the  provisions  of  this  recent  treaty,  and  notwithstand- 
ing the  fact  that  the  Canadian  vessels  are  enjoying  to-day  all  com- 
mercial rights  in  t'le  ports  of  the  United  States,  our  fishing-vessels 
are  deprived  of  commercial  privileges  in  the  provinces  unless  such 
may  be  accorded  in  case  of  shipwreck  or  disaster.  Even  the  ordin- 
ary rights  of  humanity,  which  all  civilized  and  even  semi-barbarous 
nations  grant  to  each  other  without  treaty,  are  here  put  down  as  con- 
cessions which  the  fishermen  of  the  United  States  are  expected  to 
value  as  important  considerations. 


[l\ 


By  referring  to  Article  XI,  it  will  be  seen  that  our  vesselfl,  when 
under  stresB  o(  weather  or  from  other  casualty,  are  compelled  to 
enter  the  portfi  bays  and  harborfl  of  "  eaHtern  and  northcaHtern 
coasts  of  Canada  or  of  the  coaHts  of  Newfoundland  "  they  may  be  al- 
lowed to  unload,  reload,  transship,  or  sell,  subject  to  the  customs 
laws  and  regulations,  all  hsh  on  board,  when  such  unloading,  trans- 
shipment, or  sale  is  made  necessary  as  incidental  to  repairs,  and  may 
replenish  outfits,  provisions,  and  supyWoH  damaged  or  lo,f  hj  disaster  ; 
and  in  case  of  death  or  sickness  shall  be  allowed  all  needful  facilities 
including  ihe  shipping  of  crews."  ' 

In  the  succeeding  paragraph,  liberty  is  granted  to  United  States 
fishing-vessels  to  obtain  such  provisions  and  supplies  as  are  sold  to 
ordinary  trading-vessels. /or  their  homeward  voyage,  providing  these 
vessels  obtain  a  license  of  the  customs  official,  and  that  the  supplies 
are  not  obtained  by  barter.  *^ 

In  view  of  the  fact,  as  has  previously  been  stated,  that  all  classes 
ofCanadian  vessels  are  enjoying  full  commercial  privileges  in  the 
ports  of  the  United  States,  it  does  seem  remarkable  that  the  granting 
of  the  ordinary  courtesies  of  civilization,  privileges  which  no  Chris- 
tian nationis  supposed  to  deny  to  another  in  case  of  distressed  and 
shipwrecked  manners,  is  here  made  a  right  to  be  gravely  considered 
between  two  friendly  and  adjacent  countries.     And  when  by  Article 
XXIX  of  the  treaty  of  18T1,  which  still  remains  in  force,  it  is  stipu- 
lated that  goods   wares,  and  naerchandise  for  Canada  may  be  landed 
at  Portland,  Boston,  New  York,  and  other  ports  designated  by  the 
President,  and  transship^  ed  through  the  territory  of  the  United  States 
without  payment  of  duty,  and  that  goods,  wares,  and  merchandise 
for  the  United  States  may  be  landed  in  Canadian  ports  and  trans- 
shipped through  Canada  without  payment  of  duty,  it  certainly  is 
surprising  that  the  privilege  of  transshipping  fish,  as  stated  in  this 
last  treaty   18  made  conditional,  and  is  applicable  only  to  a  vessel  in 
distress  or  to  one   partially  shipwrecked,  having   its  catch  on  board 
And  this  provision  is  made  still  more   striking  when  it  is  considered 
that  at  the  present  moment   the  United   States  is  faithfully   observ- 
ing Its  portion  of  the  treaty,  and  even  extending  to  the  Canadians 
greater  privileges  than  they  are  entitled  to.     It  is  only  explainable 
when  we  consider  how  different  has  been  the  conduct  of  Canada  dur- 
ing  the  past  two  years,  for  she  has  systematically  violated  this  treaty 
by  denying  to  American  fishermen  the  right  to  land  and  transship 
their  cargoes.     It  is  evident  that  her  policy  in  doing  this  has  been  to 
give  the  impression,  when  this  ne-v  treaty  was  made,  that  she  granted 
a  privilege  to  our  fishermen,  when  in  fact  by  this  clause  of  the  present 
treaty  they  are  to  be  denied  the  enjoyment  of  rights  to  which  thev 
are  justly  entit  ed.     There  can  be  no  question  about  the  meaning  of 
ealed  clause  of  the  treaty  of  1871,  which   has  never  been  re- 

"It  is  further  agreed  that  for  the  like  period  goods,  wares,  or 
merchandise,  arriving  at  any  of  the  ports  of  Her  Britannic  Majesty's 
possessions  in  North  America  and  destined  for  the  United  States 


may  be  entered  at  the  proper  CMwfoiu  house  and  conveyed  in  transit- 
without  the  payment  of  diitieH,  throufih  the  «aid  possessions  unde? 
such  rules  and  regulation,  and  conditions  for  the  protection  of  the 
revenue  as  the  governinen.«  of  the  said  possessions  mav  from  time  to 
time  prescribe;  and  under  like  rules,  regulations,  and  conditions 
goods,  wares  or  merchandise  may  bo  conveyed  in  transit,  without 
payment  of  duties,  from  the  United  States  through  the  said  posses- 
sions to  other  places  in  the  United  States,  or  for  export  from  ports  ia 
the  said  possessions,'  ' 

A  writer  in  the  New  York  Tribune  of  February  27  1888  says- 
''Under  this  article  of  the  treaty  of  1871  American  fisherman 
have  a  clear  commercial  right  to  land  fish  in  any  Canadian  port  for 
transshipment  in  bond  to  the  United  States.  Fish  and  fish  oil  are 
merchandise,  and  may  be  entered  at  a  Canadian  custom-house  with- 
out payment  of  duty  for  transportation  to  the  United  States.  Fisher- 
Tnen  have  the  same  i)rivilege8  in  this  respect  which  Canadian  or 
Hntish  vessels  have  when  they  land  in  American  ports  goods  des- 
tined for  Canada.  If  they  have  not  been  allowed  this  pnvilege  it 
lias  been  because  they  were  deprived  illegally  in  Canadian  ports  of 
a  commercial  right  that  is  positively  guaranteed  by  treaty." 

He  thinks  that  in  the  present  treaty  an  attempt  has  been  made 
to  remove  the  sanction  of  treaty  law  by  prohibiting  the  exercise  of 
this  right  while  the  duties  on  fish  and  fish  oil  remain  in  the  tariff 
«chedule.     In  this  respect  Article  XV  of  the  new  treaty  oijcrates  di- 
rectly to  prevent  the  transshipment  of  fish  and  to  rob  American 
.nshermen  of  one  of  their  treaty  rights."' 

So  far  as  these  limited  privileges  are  concerned,  which  have  an- 
parently  been  grudgingly  granted  to  American  vessels  in  distress,  or 
those  on  the  homeward  voyage,  it  is  well  to  consider  the  following' 
4ible  statements  from  the  pen  of  Judge  Charles  Levi  Woodbury  •     ° 
"Canada  has  begun  this  affair.     Her  excuse  is  that  the  words'* for 
no  other  purpose'  in  the  treaty  of  1818  permanently  exclude  our 
iisherraen.     She  disregards  the  fact  that  the  agreements  of  1830  ex- 
pressed that  they  were  based  on  the  respective  removal  of  'all  restric- 
tions on  commerce  and  discriminations  on  tonnage.' 
■^o^}^l^  ^  disingenuous  excuse.     Clearly,  in  the  fishing  treaty  of 
1818,  the  words  'for  no  other  purpose'  rebut  the  idea  that  com- 
mercial or  unnamed  trading  privileges  were  intended  to  be  granted 
to  vessels  ot  the  United  States.     Great  Britain  had  closed  all  her 
colonial  ports  from  foreign  vessels  by  law.     She  opened  them  in  the 
same  way  by  the  proclamation  of  1830,  and  they  stand  open  until 
-closed  by  law.  _  Since  the  proclamation  the  fishing- vessels  of  Canada 
bave  enjoyed,  in  the  ports  of  the  United  States,  everv  privilege  of 
commerce  flowing  from  those  proclamations.     Not  only  did  Canada 
know  this,  but  a  perverse  disposition  h-^s  induced  her,  while  continu- 
ing in  their  unrestricted  use  and  enjoyment,  to  endeavor  to  deprive 
our  fishermen  of  their  similar  right  in  Canada. 

"There  was,  after  1830,  no  law  prior  to  this  of  1886  which  excluded 
our  fishermen  from  trading  or  transshipping  cargoes  in  Canadian 
ports  destined  for  the  United  States.     Canada,  however,  claims  that 


8 


the  British  act  of  1819  exclndefi  American  fisheruien  from  'buying- 
bait  *  in  her  ports.  By  this  statute  if  a  foreign  vessel,  within  the 
waters  where  the  right  to  fish  has  been  renounced  by  the  United 
States,  or  any  persons  on  board,  'shall  be  foundfishing  or  to  have- 
be"n  fishing,  or  preparing  to  fish  '  within  such  aistance  of  the  coasts, 
etc.,  the  vessel  shall  be  seized,  prosecuted,  condemned,  etc. 

'I  The  clause  states  that  the  method  of  proceeding  shall  be  the  same 
as  in  proceedings  under  customs  or  navigation  acts.  The  prsamble 
of  the  statute  reads,  'to  make  regulations  respecting  the  taking  and 
curing  of  fish,'  etc.  This  does  not  look  like  a  law  to  prevent  th» 
buying  and  exporting  of  bait,  a  matter  at  that  time  decisively  covered, 
by  the  act  of  12  Charles  11,  then  in  full  force. 

"Cereful  examination  was  made  at  the  time  of  the  Halifax  Com- 
mission of  all  the  records  of  seizures  of  American  fishermen,  and  it 
was  found  that  prior  to  1870  not  one  had  been  charged  with  '  buying 
bait'  as  a  violation  of  the  clause  *  preparing  to  fish.' 

"  In  1870,  for  the  first  time,  this  construction  was  set  up  and  twa 
American  vessels  seized,  and,  among  other  matters,  libeled  for  buy- 
ing bait  in  open  port,  in  alleged  infringement  of  the  act  of  1819."  "^ 
The  same  excellent  authority  says : 

"  Buying  and  selling  bait,  like  the  importation  or  exportation  of 
it,  are  commercial  transactions,  and,  therefore,  by  the  pledged  faith 
of  the  proclamation  of  "  330,  open  to  commerce  by  the  vessels  of  each 
country." 

And  in  spite  of  all  this  evidence  of  the  clearly  established  rights  of 
American  fishermen  to  enjoy  commercial  privileges  in  the  ports  oi 
Car.  4^,  and  although  it  is  demonstrated  that  they  may,  under  cer- 
tain clauses  of  the  treaty  of  1871,  which  still  remain  in  force,  trans- 
ship their  cargoes,  and  that  they  should  be  entitled,  as  one  of  their 
rights,  to  buy  bait  in  all  ports  of  the  British  provinces,  we  see  in  thi» 
treaty  which  the  Senate  is  called  upon  to  ratify  a  positive  denial  of 
these  rights  and  privileges.     How  is  it,  we  may  well  ask,  that  the 
welfare  of  the  American  Cslieries  has  received  so  little  consideration 
that  these  sacrifices  have  been  made  in  this  treaty,  when  no  restric- 
tion whatever  is  nut  upon  the  Canadians  in  the  matter  of  buying  bait 
or  making  other  purchases  in   our  ports?     The  fact  that  American, 
fishermen  may  he  able  to  prosecute  the  cod  and  halibut  fishery  with- 
out depending  upon  the  British  provinces  for  bait,  is  no  reason  why 
this  privilege  or  the  right  to  purchase  ice  or  other  stores  should  be 
given  up,  u  nless  the  citizens  of  Canada  are  restricted  in  a  similar  man- 
ner. 

When  former  treaties  have  been  negotiated,  wherein  the  welfare  of 
the  fisheries  have  been  concerned,  it  may  have  been  pleaded  in  extent 
uation  of  any  mistakes  that  have  been  made  that  tlie  gentlemen 
charged  with  the  responsible  duty  of  negotiation  may  have  lacked 
that  definite  knowledge  of  the  subject  under  consideration,  which 
might  have  enabled  them  to  avoid  mistakes,  and  which  might  make 
to  state  the  terms  of  the  treaty  so  clearly  and  so  explicitly 


it  possiDie 

*  The  Canadian  FisherieH  Dispute. 
can  Law  Ueporter,  Maj-June,  IShT. 


By  Judge  Charles  Levi  Woodbury.    Ameri- 


9 

!^anMp  Xli"^*  r"  ^'  misunderstood.  But  no  excuse  of  this  kind 
^  -^wv,^  !  '!?  ^^^  P'^'^"^  ^^«^-  If  tlie  ''  negotiators"  charged 
with  the  duty  of  representing  the  interests  of  the  American  fishermen 

"ith  it'is'^rh""'  ^-"  i°f---Vr^  '""^  «"^J««*  they  had  toTa" 
^n  'y'°;*i^;;^"«^t^e^Jf''ed  the  requisite  sources  of  informa- 
tion.  Not  only  have  the  rights  and  needs  of  the  American  fisher- 
men, under  prev  ous  treaties,  and  all  matters  pertaining   ^th is  con 

ZTa^'.I'Z^u^^  f '  ^''''^  '■"  '^'  ?^^blic  press  and  pamph  e  s  pre- 
pared  by  the  highest  legal  authorities,  but  the  fishermen  of  the  Un  ted 
the  n±r  '71.*'  Washington,  and  have  maintained  the'e  duHng 
o  sKh-  i' • '''  ^^'i  negotiations,  representatives  who  were  ready 
wishe«  Tf  •  T/''^  ^'""^  expression  to  their  needs  and  theii 
wishes.     It  18  a  rather  remarkable  commentary  to  this  entire  pro- 

ori8?f  tir'-'  **1!  ^^'^S-f^^-  -f '^he  fishery  clauses  of  thl  tre^aTy 
IpH  Ji '  f  /.u"'a^.,*''^  ^'""M?"'  °f  ^^^^^  ^^'^  negotiations,  no  authoi- 
he1rT«    •''  *^' '^*^'"'^' ^''^"^'^^'^  h^«  been  called  upon  to  state 

the  r  case  in  a  personal  interview  with  the  gentlemen  who  were  offi- 

^.  of  Tlf'fi  r'^  '^'  responsible  dutief  of  negotiating  for  the 
1  ights  of  the  fishermen.     This  is  a  matter  for  still  greater  surprise 

s"S"to'stat:  r  •  '''*  '^^  '^"^^  ?^.  *^^  fi^'^-^  assoltioXave 
.;;a?fed  thi^S^c.""  "  P— l-t-view,and  have  not  been 
Considering   the  feet  that  the  State  Department  has  had  corre- 
IZrtZTl:^"  the  British  Government  in'relation  to  the  den  a  of 
inZT     A  fishermen  Of  the  right  to  purchase  coal  in  the  British  prov- 
inces, and  in  view  of  the  fact  that  the  day  may  not  be  far  distant 
."  ail?r:To"b7a''  extensively  employed  i'n  our'ocean  food-fishS 
inSlIf  ?      .    ^TT  o.'P/^sio^^  that  no  provision  has  been  made 
sarv  nilf     '^*^  ""-^l'^'  ""'^^  '"f  ^^'  ^"^^  ^'«««^«  *«  obtain  the  neces- 
bvlhp  «nir?7'''''?'^^  P°'*^'.'  "°^^''  this  privilege  is  secured  to  them 
by  the  surrender  of  our  market".     It  must  be  obvious,  to  any  one  who 
has  given  the  matter  reasonable  consideration,  that  the  condUrons 
which  prevailed  in  1818  and  those  which  exist  to-day  Le  ver^^^^^^^^^ 
«  milar.     Previous  to  1845  and   1850  our  fishing-vessels  depended 

1  ?v  ti^e  o"f  7T  ^'f  ^''  ^"^''  ^"*  at  the  present  time  coaUsgen- 
t.'  ally  the  only  fuel  used,  even  on  sailing  vessels,  and  of  course  all 

W  T''\'  '^1  ^'r^'""'  ^P°»  ^'-  Now,  if  this  treaty  goes  into 
tiamed  that  t  is  really  no  more  adapted  to  the  present  methods  and 
present  condition  of  civilization  than'  is  the  obsoLte  document  known 
TJ^  "  ^o^^^^tion  of  1818."  So  fer  as  clearness  of  statement  is 
iuTl'' '"  ""'^  questionable  if  the  earLer  treaty  is  not  the  bes 

flrn.d^l'''''  ""Tu  •  °'"  ™"'^  '^  ^'^'  b^^'^  misunderstood  and  misin: 
^erpreted  by  Great  Britain  and  Canada. 

Referring  to  Article  XII,  it  may  be  said  that  the  fishing-vessels  of 
Canada  and  Newfoundland,  as  has  been  shown,  are  now  and  have 

ihhis-ciaus^had^t^i^S3[s:!r^::;^js::^^.^^ 


10 


of  Canada  and  Newfoundland  shall  have  on  the  Atlantic  coast  of  the 
United  States  all  the  privileges  reserved  by  this  treaty  to  the  United 
States  fishing-vessels  in  the  waters  of  Canada  and  Newfoundland  and 
none  othr,"  it  might  h?,ve  been  satisfactory  to  the  American  fisher- 
men. For  then  the  vessels  of  both  countries  would  have  been  placed 
upon  an  equal  basis,  so  far  as  the  rights  in  the  ports  of  the  respect- 
ive countries  are  concerned. 

We  strenuously  object  to  putting  any  numbers  or  any  marks  on  our 
fishing-vessels  at  the  dictation  of  any  foreign  power;  such  "ear 
marks  "  put  upon  them  under  such  conditions  we  consider  would  be 
humiliating  to  our  fishermen.  The  American  flag  will,  as  it  ha& 
always  done,  distinguish  their  nationality.  It  is  selclom,  if  ever,  dif- 
ficult to  determine  whether  a  vessel  belongs  to  the  fishing  fleet  or 
o.therwise. 

In  accordance  with  Article  XIV  a  vessel  may  be  seized  for  prepar- 
ing in  inshore  waters  to  fish  therein  ;  and,  if  the  court  sees  fit,  she 
and  her  cargo  may  be  confiscated  for  this  violation  of  the  treaty. 
There  is  no  definition  here  of  what  constitutes  "  preparing  to  fish," 
nor  is  it  shown  how  it  may  be  determined  that  there  might  be  an  in- 
tent to  fish  in  inshore  waters  as  distinguished  from  fishing  farther 
from  the  land.  Probably  no  clause  in  the  treaty  may  be  mote  liable 
to  be  misconstrued  than  this,  and  if  we  are  to  judge  by  the  past,  there 
is  certainly  much  reason  to  apprehend  great  difficulty  from  the  con- 
structions which  may  be  put  upon  it.  It  is  evident  that  in  putting 
this  clause  into  practical  operation  our  vessels  maybe  seized  at  any 
time  on  the  smallest  provocation,  or  even  on  the  assumption  that 
they  are  about  to  engage  in  inshore  fishing  or  are  "  preparing  "  to- 
do  so. 

This  view  of  the  case  has  evidently  been  taken  by  others.  A 
writer  in  Frank  Leslie's  makes  the  following  statements  relative  to 
prospective  troubles  for  our  fishermen  in  the  courts  of  Canada  if  thif+ 
treaty  is  ratified. 

"This,  in  short,  is  an  admirable  convention— for  Canada  and 
Great  Britain.  While  it  is  not  so  manifest  a  jug-handle  treaty  a» 
the  so-called  reciprocity  treaty  of  1854,  it  is  at  least  one-sided  enough 
to  secure  its  prompt  ratification  on  the  other  side  of  the  line.  It 
leaves  all  matters  of  present  dispute  unsettled,  or  else  refers  point.s 
of  contention  to  the  adjudication  of  Canadian  courts.  Our  experi- 
ence has  not  been  such  as  to  cause  a  further  longing  for  the  service.s 
of  these  tribunals  as  courts  of  last  resort.  A  treaty  which  leaves  its. 
own  interpretation  to  one  of  the  high  contracting  parties,  whicli 
happens  in  this  case  to  oe  our  adversary,  will  scarcely  find  much 
favor  with  the  United  States  Senate." 

But  the  entire  aim  and  animus  of  this  treaty  is  summarized  in  the 
fifteenth  article.  This  tells  us  that  when  we  are  ready  to  open  our 
markets  to  Canada  and  to  Newfoundland,  and  to  sacrifice  our  fish- 
eries by  so  doing,  American  fishermen  may  receive  in  British  provin- 
cial ports  the  commercial  rights  which  are  now  enjoyed  by  Britisk 


11 

subjects  in  ours,  and  which  we  claim  we  have  a  similar  right  to  en- 
joy in  theirs  at  the  present  moment. 

The  pant  unfriendly  acts  of  Canada,  and  the  seizure  of  our  vessels 
on  mere  technicalities  for  the  last  two  years,  and  denial  of  all  com- 
mercial rights,  and  the  barbarous  treatment  of  our  fishermen,  have 
been  for  the  single  purpose  of  coercing  this  Government  into  open- 
ing its  markets  and  permitting  foreign-caught  fish  to  compete  with 
the  products  of  our  own  fisheries.  It  is  true  this  treaty  does  not 
state  this  in  so  many  words,  but  it  leaves  the  question  open,  and  so 
long  as  the  Uaited  States  Government  is  apparently  indifferent  to 
the  welfare  of  our  fishermen  so  long  will  Canada  resort  to  unjusti- 
fiable means  to  force  us  to  open  our  markets  to  her  fishery  products. 
No  one  who  has  watched  the  progress  of  our  food-fisheries  can  fail  to 
be  convinced  that  those  industries  will  be  ruined  if  we  again  pernit 
the  free  entry  of  foreign-caught  fish.  It  is  not  necessary  here  to  re- 
iterate how  unfortunate  this  would  be  for  the  country  ;  for  the  main- 
taining of  our  fisheries  has  been  shown  time  and  again  to  be  a  matter 
of  the  most  vital  consequence  to  the  United  States,  both  as  a  source 
of  food  supply  and  a  resource  wherefrom  to  draw  men  to  man  our 
navy  in  timeof  war. 

The  following  testimonial  of  their  usefulness  and  their  importance 
to  the  United  States  is  from  the  pen  of  the  present  Secretary  of  State. 
He  says:  "  They  pursue  one  of  the  most  useful  and  meritorious  of 
industries  ;  they  gather  from  the  seas,  without  detriment  to  others, 
a  food  which  is  nutritious  and  cheap  for  the  use  of  an  immense  pop- 
ulation ;  they  belong  to  a  stock  of  men  which  contributed  before  the 
Revolution  most  essentially  to  the  British  victories  on  the  North- 
eastern Atlantic,  and  it  may  not  be  out  of  place  to  say  they  have 
shown  since  that  Revolution,  when  serving  in  the  Navy  of  the  United 
States,  that  they  have  lost  none  of  their  ancient  valor,  hardihood 
and  devotion  to  their  flag."  Elsewhere  he  says  :  "  Fishermen,  a» 
you  are  aware,  have  been  considered  from  the  usefulness  of  their  oc- 
cupation, from  their  simplicity,  from  the  perils  to  which  they  are 
exposed,  the  wards  of  civilized  nations."* 

The  emineni  and  experienced  legislator,  Hon.  S.  S.  Cox,  bears 
equally  efficient  testimony  to  the  usefulness  of  the  fishermen.  In  a 
speech  delivered  in  the  House  of  Re])resentatives  (May  12,  1884)  he 
says:  ^■ 

*'  A  legislator  caring  for  the  common  weal  should  not  only  look  at 
the  economic  value  of  fish  as  food  for  the  })eople,  but  he  should  also 
regard  the  fisheries  as  a  fostering  element  in  seafaring  and  trainino- 
for  maritime  adventure  and  hardshi|),  with  a  view  to  the  humanities 
of  life  saving  on  the  coast  and  the  possibilities  of  international  con- 
flict." 

And  the  importance  of  the  fisheries  have  been  shown  by  him  in 
the  same  speech. 

•'  From  Cape  Hatteras  to  the  Gulf  of  St.  Lawrence,"  he  remarks, 

» I-etter  of  Hon.  T.  F.  Bayard  to  Sir  L.  West,  October  19, 1886. 


12 

*'  where  mackerel  and  menhaden  are  .aken  ;  from  NorthCarolina  to 
Massachusetts,  wliere  theoyster  and  other  mollusks  ahound ;  about  the 
keys  of  Florida,  where  the  red  snapper  is  caught  in  abundance  ;  from 
the  fur-seal  fishery  of  Alaska  to  the  North  Pacific,  which  our  whalers 
penetrate  ;  from  the  waters  where  rolls  the  Oregon  that  once  heard 
no  sound  save  its  own  dashing,  but  now  hears  the  hum  of  men  en- 
gaged in  a  great  industry,  to  the  Great  Lakes,  where  white-fish 
play  around  the  isles  made  memorable  by  Perry's  victory  ;  from  one 
end  of  our  laud  to  the  other,  over  one  hundred  thousand  of  hardy 
men  pursue  this  interesting  and  adventurous  industry.  A  million 
of  souls  depend  upon  the  pursuit.  Their  fleet  is  nearly  seven  thou- 
sand vessels  and  forty-five  thousand  boats." 

It  may  be  asked  how  shall  we  deal  with  this  matter,  what  can  be 
done  to  settle  the  fishery  question  between  the  British  North  American 
provinces  and  the  United  States?  This  can  be  done,  and  it  has  the 
sanction  of  the  Forty-ninth  Congress.  Wipe  out  all  legislative  com- 
mercial arrangements,  and  let  us  go  back  to  where  we  were,  so  far  as 
commercial  intercourse  with  the  British  provinces  is  concerned,  when 
the  treaty  of  1818  was  made.  In  other  words,  declare  non-inter- 
course. Put  Canada  in  the  same  relation  to  the  United  States  as 
she  was  seventy  years  ago.  Then  our  fishermen  would  have  the 
same  rights  they  have  now  under  the  treaty  of  1818,  and  we  should 
then  be  in  a  position  to  say  to  her  :  "Are  you  willing  this  should 
continue,  or  do  you  prefer  to  deal  with  us  on  a  fair  basis  and  give  to 
all  our  vessels,  as  we  are  willing  to  give  to  yours,  full  commercial 
rights  in  your  ports?  " 

This  may  seem  a  harsh  measure  to  adopt,  but  is  it  not  justifiable? 
Can  it  be  claimed  that  we  are  dealing  unfairly  in  asking  or  demand- 
ing that  we  go  back  to  the  precise  conditions  under  which  the  treaty 
of  1818  was  made,  and  then  propose  to  meet  Canada  half  way  and 
give  her  as  much  as  she  gives  us,  and  no  more?  Beyond  question, 
this  was  the  sentiment  of  the  people  of  the  United  States,  as  ex- 
pressed in  the  "  retaliatory  act"  of  the  last  Congress.  Nor  has  the 
executive  branch  of  our  Government  been  oblivious  to  the  injustice 
with  which  our  fishermen  have  been  treated  by  Canada  and  the 
deliber..te  purpose  of  the  officials  of  that  country  to  rob  Americans  of 
their  rights. 

*'  The  hospitalities  of  Canadian  coasts  and  harbors,  which  are  ours 
by  ancient  right,"  writes  Secretary  Bayard,  ''and  which  these 
treaties  confirm,  cost  Canada  nothing  and  are  productive  of  advan- 
tage to  her  people.  Yet,  in  defiance  of  the  most  solemn  obligations, 
m  utter  disregard  of  the  facilities  and  assistances  granted  by  the 
United  States,  and  in  a  way  especially  irritating,  a  deliberate  plan  of 
annoyances  and  aggressions  has  been  instituted  and  plainly  exhibited 
during  the  last  fishing  season— a  plan  calculated  to  drive  these  fish- 
ernaen  from  shores  where,  without  injury  to  others,  they  prosecute 
their  own  legitimate  and  useful  industry."* 


♦Letter  to  Hon.  Edward  J.  Phelps,  U.  S.  Minietei'  to  Great  Britain,  under  dat« 
isovember  0,  18HG.  ' 


13 

It  is  not  snrprisinff,  in  view  of  this  vigorous   and  truthful  fltafp 
ment  of  the  case  by  Mr.  Bayard,  that  he  Should  have  s  Lned  a  tre^^^^^^ 

tt«A' ^''"•^',:^^  ^r.'/  T  '^^.P"^'  °^  '^'  United   Staters)   in  which 
these  vey  rights  of  the  American  fishermen  have  been  .urrendrred  ^ 

The  I  rotection  of  our  fisheries  is  a  matter  of  the  utmost  conse 
^uence  to  this  country  nor  should  their  future  prospects  be  placedTn 
jeopardy,  as  they  have  been  in  the  fifteenth  article  of  this  treatvW 
holding  oyer  them  the  prospective  threat  of  free  trade  in  fish  ^ 

The  statesmen  who  guided  the  destinies  of  this  country  in  its  earl  v 
days  saw  the  necessity  of  fostering  the  fisheries,  and  immediate  v 
after  the  close  of  the  war  of  independence  bounty'  laws  wTre  enacted 
by  Congress  which  granted  to  the  fishermen  certain  financial  encour 

ifzzv^zi'i^tz::'  ^^°^^^"^^  ^^^^^  -^-*-«  «*  ^  /-;:; 

Rr:?«?r?M'  ^  ^V"  ^'^'■'  ^^^""^  t^e  close  of  our  second  war  with  Great 

Wtv 'thnn^'t^'' V'^''  '"'•  "^',^  '°  ^'  *"  g^^«  '^'  fishermen  a  lamer 
bounty  than  they  had  previously  received.     With  this  encouraS 
ment,  and  with  t^he  markets  of  the  United  States  protected Ta  dutv 
on  foreign  fish,  the  American  fisheries  prospered^  to   a  rema?kaWe 
degree  ;  nor  was  the  increase  in   thefishing  fleet  much  retarded  bv 
loss  and  the  interruption  caused  by  the  war  of  181^  '15     or  1  v   th^ 
many  annoyances  to  which  our  fishermen  were  subjected  by  theLrsb 
interpretation  of  the  fishery  clauses  of  the  treaty  of  1818^  TheTm 
pulse  which  had  thus  been  given  to  our  fisheries  continued  thLvJ 
Its  effect   even  after  the  conclusion  of  the  so-called  reciprocity     eaT 
for  It  took  some  years  for  the  Canadians  to  r.Jize  and\?roper Iv  an' 

^^:^:;^::'i:^'^^  ''-^ '-'  --  ^--^-^  -^-  ^i 

Thus  we  find  that  the  American  fishing  fleet  engaged  in  the  cod 
and  mackerel  fisheries  reached  its  maxim^um  about  f862    in  which 
year  there  was  employed  in  these  two  branches  of  the  foJd  fisheries 
214  197  tons  of  shipping  according  to  the  returns  of  the  Bureau  of 
hta  istics.     Although  there  has  been  more  or  less  fluctuation  s  nee 
that  date   the  general  result  has  been  a  decline  in  our  fisheries  which 
IS  as  marked  as  It  IS  deplorable.     In  1883  we  had  employed  irthe 
cod  and  mackerel  fisheries  about  74,197  tons,  and   since  St   date 
though  I  have  no  statistics  at  hand  to  substaritiate  the  staternent    I 
am  positive  that  there  has  been  a  still  further  decrease  in  ourTherv 
marine      Considering  the  growth  of  the  countrv,  the  demand  which 
exists  for  food  products  of  all  kinds,  and  the  necessity  for  the  main 
tenance  of  a  large  fishery  marine,  these  figures  are   certainly  XI 
bng  and  may  well  arrest  the  attention  of  political  economists      It   s 
too  evident  to  admit  of  argument  that  this  result,   which  is  nuch  to 
be  regretted  and  which  ought  to  be  humiliating  to  the  pride  of  every 
American  citizen,  is  due  to  the  facr.  that  our  fisheries  have  been  lei t 
unprotec  ed   and  the  American  fi  l.rman  has  had  to  compete  "n  hs 
own  markets  against  the  fbreignei ,    vho  is  encouraged  by  bountie 
and  who  ,s  assisted  m  every  possible  manner,  as  any  one  may  leS 
who  chooses  to  study  the  subject.  ^ 


14 

The  evil  effects  which  rai<;ht  have  resulted  from  the  admission  of 
foreign  fish  into  our  markets  have  been  fully  set  forth  and  ably  dis- 
cussed by  numerous  writers.  Therefore  a  lengthy  discussion  of  the 
question  is  rendered  unnecessary  here.  We  may  judge  of  the  future 
by  the  past,  and  statistics  and  the  evidence  of  men  who  are  qualified 
to  speak  or  write  upon  this  subject,  and  who  are  unbiased  in  their 
opinions,  except  so  far  that  they  are  disposed  to  urge  the  protection 
of  American  fishery  interests  from  the  aggressive  policy  of  foreign 
powers  who  are  inimical  to  these  interests,  show  conclusively  that 
the  free  admission  of  foreign  fish  into  our  markets  has  been  a  great 
injury  to  the  development  of  our  own  fislieries.  Indeed,  not  only 
have  our  fishing  interests  been  retarded  in  development,  but  they 
declined  under  the  so-called  reciprocity  treaties  in  a  uianner  that  was 
truly  startling,  as  has  been  previously  shown. 

••  In  many  places  on  the  [New  England]  coast,"  says  a  writer  on 
this  subject,  "it  was  found  the  treaty  had  "xerted  a  very  baneful 
influence.  Towns  which  had  formerly  sent  to  sea  fleets  of  fishing 
vessels  varying  from  twenty-five  to  upwards  of  one  hundred  sail 
had  then  barely  a  remnant  left,  and  in  some  cases  not  a  single 
schooner.  Some  of  these  outfitting  stations  were  veritable  pictures 
of  desolation — merely  reminders  of  a  lost  industry.  One  in  partic- 
ular called  'Rigg's  Cove,'  at  Georgetown,  Me.,  impressed  me  the 
most  forcibly.  From  here  had  sailed  a  few  years  previously  fifty 
fine  schooners.  But  what  a  change!  At  the  tinae  of  our  visit 
nothing  remained  to  indicate  its  former  business  importance  but 
neglected  and  tumble-down  storehouses  and  decaying  waarves, 
against  which  lay  a  superannuated  fish  freighter,  the  tide  flowing 
in  and  out  of  her  open  seams,  and  the  broken  cordage  flapping 
monotonously  against  her  hare  spars  as  if  she  had  come  here  to  die 
on  the  scene  of  her  former  usefulness. 

"  It  may  not  then  be  wondered  at  that,  with  such  examples  before 
-them,  American  fishermen  look  with  dread  and  distrust  upon  any 
proposition  to  renew  similar  relations  with  the  British  provinces. 
The  evils  they  now  have  under  the  treaty  of  1818,  though  they  are 
many  and  onerous,  are  preferred  instead. 

"Judging  from  the  past,  there  can  be  no  question  that  the  result 
of  another  era  of  free  fishing  and  "free  fish"  would  be  the  practical 
annihilation  of  our  ocean  fisheries.  And  thore  can  be  little  doubt 
that  fair  success  can  be  obtained  and  our  fisheries  restored  to  pros- 
perity if  they  are  accorded  a  reasonable  amount  of  protection,  so  that, 
at  least,  they  may  be  placed  on  an  even  footing  with  foreign  com- 
petitors who  are  fostered  by  bounties,  and  have  none  of  the  onerous 
duties  to  pay  which  are  exacted  from  our  fishermen.     *     *     *^ 

"  And  will  it  not  be  a  wiser  policy  to  promote  by  all  justifiable 
means  an  industry  which  adds  to  the  country's  wealth,  and  ;'t  the 
same  time  trains  a  large  body  of  efficient  seamen  who  must  ever 
stand  as  a  bulwark  against  its  invasion  by  sea?  If  this  is  granted, 
then  "xper't-nce  has  ])roved  that  there  is  only  one  way  to  reach  the^ 
d:,ired  result.     While  tree  fisii  will  surely  sound  tue  death  knell  of 


15 

the   American    fisheries,   the   assurance   of  American    markets   for 
American  products  will  as  certainly  promote  them."  * 

Statements  of  this  kind  from  impartial  observers  mipjht  be  multi- 
plied to  any  extent,  but,  we  are  sure,  enough  has  been  said  to  impress 
any  one  with  the  fact  that  we  must  always  protect  our  fisheries  from 
■aggressions  of  foreign  officials,  and  from  the  free  competition  of  for- 
eign fishery  products,  or  else,  in  a  very  brief  time,  we  shall  be  com- 
pelled to  rely  for  fish-food  entirely  upon  a  monopoly  controlled  by 
foreign  capital  and  operated  under  a  foreign  flag. 

Patriotism  and  the  principle  of  self-protection  should  be  sufficient 
to  induce  every  citizen  of  the  United  States  who  has  the  welfare  of 
his  country  at  heart  to  oppose  any  measure  which  will  bring  about 
fluch  results,  which  are  certain  if  we  comply  with  the  wishes  of 
■Canada. 

And  why  should  Canada  complain,  as  she  has  done,  of  what  she  is 
pleased  to  term  prohibitive  duty  on  fish,  when  as  a  matter  of  fact  our 
rates  of  tariff  on  fishei  y  products,  are  only  about  half  of  her  own  rates, 
and  only  a  few  of  our  industries,  if  any,  are  so  poorly  protected  as  the 
fisheries  are  under  the  present  tariff  and  the  prevailing  regulations 
•of  the  Treasury  Department.  Well  may  Senator  Frye  exclaim,  "  Of 
all  our  industries  this  alone  is  left  unprotected,  and  the  men  employed 
in  it  are  the  most  exposed,  the  hardest  worked,  and  the  poorest  paid. ' 
The  duty  which  England  seeks  to  repeal  is  the  lowest  in  the  list  of 
duties,  less  than  that  on  any  agricultural  products,  not  one-half  so 
great  as  that  on  any  manufacture,  two- thirds  Icwer  than  that  on 
sugar  and  rice,  lower  than  that  on  beef,  or  mutton,  or  pork."t 

IJnder  our  present  tariff  arrangement  salt  fish  only  are  dutiable, 
1  cent  per  pound,  or  two  dollars  per  barrel,  being  tlie  duty  on  mack- 
erel, and  50  cents  per  hundred  pounds  on  most  all  other  kinds  of  salt 
fish.  This  specific  duty  averages  about  10  per  cent,  ad  valorem, 
which  is  certainly  not  a  tariff  to  be  complained  of  when  we  consider 
the  much  higher  rates  charged  on  nearly  all  other  kinds  of  imported 
goods. 

But  fresh  fish  are  admitted  free  of  duty.  In  strict  accordance  with 
the  law  such  fish  are  only  to  be  admitted  when  they  are  intended  for 
''immediate  consumption,"  but  by  a  ruling  of  the  Treasury  Depart- 
ment the  plain  intent  of  Congress  is  thwarted,  and  the  fishery 
interests  of  the  country  are  suffering  a  great  injury  for  lack  of  that 
protection  which  should  be  given  to  those  who  deal  in  fresh  food- 
fish. 

Under  the  present  system  if  refrigeration,  both  by  natural  and 
artificial  means,  it  is  ])ossible  to  preserve  fresh  fish  for  an  indefinite 
period.  Tliese  are  admitted  into  o'.ir  markets  free  of  dut^,  tor  the 
simple  reason  tliat  it  is  sodithsuh  to  say  definitely  whether  they  are 
intended  for  immediate  consumption  or  not,  tliough  it  is  no  secret 
with  all  well-informed  men  that  these  products  are  often  kept  weeks, 


*J.  W.  Collins,  in  th«  Ct^tury  Magnzive.  October,  18SG. 
fSe.v  CongriMsiunal  Record,  April  10,  1SS7,  page^vtl'B. 


\ 


16 


even  months,  without,  being  either  disposed  of  or  consumed.  In  fact, 
for  all  practical  purposes  tlie  same  result  is  secured  as  if  the  fish  were- 
preserved  by  salt. 

All  must  be  aware  of  the  tremendous  increase  in  the  shipment  and 
consumption  of  fresh  food-fish.* 

At  tiie  present  moment,  fresh  fish  taken  on  the  far-distant  bank* 
and  along  the  shores  of  Newfoundland,  upon  the  Columbia  River,  or 
in  the  Oulf  of  Mexico,  may  be  seen  displayed  on  the  stalls  of  our 
fish  markets  in  all  our  larger  towns.  Thus  the  fisherman  who  plies 
his  lines  in  the  southern  seas,  or  sets  his  nets  iu  the  far  West,  or 
dredges  oysters  in  the  Chesapeake  Bay,  is  as  much  concerned  in  this 
matter  as  he  who  sails  from  our  New  England  ports  or  prosecutes  his 
adventures  upon  the  Great  Lakes.  The  truth  is — and  it  is  a  fact 
well  worthy  of  consideration  by  all  who  are  interested  in  the  subject — 
that  not  a  single  pound  of  fresh  fish  comes  into  our  markets  from 
the  British  provinces  but  it  comes  directly  into  competition  with  the 
products  of  onr  own  citizens  who  are  engaged  in  fishing  in  every  part 
of  this  broad  country.  Every  ])ound  of  fresh  fish  thus  sold  of  foreign 
production  prevents  the  sale  of  a  similar  quantity  which  might  be 
produced  by  the  capital  and  labor  of  the  United  States.  Judging  by 
the  past,  I  believe  the  day  is  not  far  distant  when  nearly  all  the  fish 
products  of  this  country  will  be  marketed  in  a  fresh  condition,  and 
unless  we  wish  to  surrender  to  foreigners  our  markets  and  the  con- 
trol of  our  fisheries  it  will  be  seen  that  we  cannot  afford  to  leave 
them  free  to  compete  against  our  own  citizens,  upon  whom  Ave  depend 
to  maintain  and  support  the  institutions  of  our  country. 

"We  append,  for  reference,  all  treaties  between  the  United  States 
and  Great  Britain  which  in  any  manner  are  specially  applicable 
to  our  fisheries,  and  in  their  chronological  order,  including  in  these 
the  treaty  before  alluded  to,  which  h.as  just  been  concluded : 

TREATY  OF  17 S3. 

Article  III.  It  is  agreed  that  the  people  of  the  United  States  shall 
continue  to  enjoy  unmolested  the  right  to  take  fish  of  every  kind  on 
the  grand  bank  and  on  all  the  other  banks  of  Newfoundland  ;  alsa 
in  the  Gulf  of  St.  Lawrence,  and  at  all  other  places  in  the  sea  where 
the  inhabitants  of  both  countries  used  at  any  time  heretofore  to  fish  ; 
and  also  that  the  inhabitants  of  the  United  States  shall  have  liberty 
to  take  fish  of  every  kind  on  such  part  of  the  coast  of  Newfoundland 
as  British  fishermen  shall  use  (but  not  to  dry  or  cure  the  same  on  that 
island)  ;  and  also  on  the  coasts,  bays,  and  creeks  of  all  other  of  His 
Britannic  Majesty's  dominions  in  America;  and  that  the  American 
fishermen  shall  liave  liberty  to  dry  and  cure  fish  in  any  of  the  unset- 
tled bays,  harbors,  and  creeks  of  Nova  Scotia,  Magdalen  Islands^  and 
Labrador,  so  long  as  the  same  shall  remain  unsettled  ;  but  so  soon  as 

*More  than  thirty  million  pounds  of  fresh  food-ii^ih  have  been  imported  from 
Canadti  daring  the  ypar  18S7.  No  duty  was  paid  on  these,  nor  is  any  tarilf  charge<l 
on  tish  packed  in  cans  in  Ji  fresh  condition,  though  it  is  well  known  that  they  can 
be  kept  much  longer  than  salt  fish.  It  is  true  that  a  duty  is  charged  on.  the  cans  iix 
which  these  products  are  packed,  but  the  fish  itself  pays  no  tari&. 


17 

the  same  or  either  of  them  shall  be  settled,  it  shall  not  be  lawful  for 
the  said  fishermen  to  dry  or  cure  fish  at  such  settlement,  without  a 
previous  agreement  for  that  purpose  with  the  inhabitdnts,  proprietors, 
or  possessors  of  the  ground. 

TREATY  OF  1794. 

Article  III.  It  is  agreed  that  it  shall  at  all  times  be  free  to  his 
Majesty's  subjects  and  to  the  citizens  of  the  United  States  to  pass 
and  repass  by  land  or  inland  navigation  with  the  respective  terri- 
tories and  countries  of  the  two  parties  on  the  continent  of  North 
America  and  to  navigate  all  the  lakes,  rivers,  and  waters  thereof, 
and  freely  to  carry  on  trade  and  commerce  witii  each  other.  But  it 
is  understood  that  this  article  does  not  extend  to  the  admission  of 
vessels  of  the  United  States  into  tlie  seaports,  harbors,  bays,  or 
creeks  of  his  Majesty's  said  territories,  except  in  small  vessels  trad- 
ing bona  fide  between  Montreal  and  Quebec. 

Art.  XIV.  His  Majesty  consents  that  in  case  an  American  vessel 
should  by  stress  of  weather,  danger  from  enemies,  or  other  misfort- 
unes, be  reduced  to  the  necessity  of  seeking  shelter  in  any  of  his 
Majesty's  ports  into  which  such  vessel  could  not  in  ordinary  cases 
claim  to  be  admitted,  she  shall,  on  manifesting  that  necessity  to  the 
satisfaction  of  the  Governor  of  the  place,  be  hospitably  received  and 
be  permitted  to  refit  and  to  purchase  such  necessaries  as  she  may 
stand  in  need  of.  She  shall  not  be  allowed  to  break  bulk  or  unload 
her  cargo,  unless  the  same  shall  be  bona  fide  necessary  to  her  being 
refitted.  Nor  shall  be  permitted  to  sell  any  part  of  her  cargo,  un- 
less so  much  only  as  may  be  necessary  to  defray  her  expenses. 

treaty  of  1818. 

Article  I.  Whereas  differences  have  arisen  respecting  the  liberty 
claimed  by  the  United  States  for  the  inhabitants  thereof,  to  tak'^, 
dry,  and  cure  fish  on  certain  coasts,  bays,  harbors,  and  creeks  of  His 
Britannic  Majesty's  dominions  in  America,  it  is  agreed  between  the 
high  contracting  parties  that  the  inhabitants  of  the  said  United  States 
shall  have,  forever,  in  common  with  the  subjects  of  His  Britannic 
Majesty,  the  liberty  to  take  fish  of  every  kind  on  tho,t  part  of  the 
southern  coast  of  Newfoundland  which  'extends  from  Cape  Ray  to 
the  Ramea  Islands,  on  the  western  and  northern  coast  of  Newfound- 
land ;  from  the  said  Cape  Ray  to  the  Quirpon  Islands  ;  on  the  shores 
of  the  Magdalen  Islands  ;  and  also  on  the  coasts,  bays,  harbors,  and 
creeks,  from  Mount  Joli,  on  the  southern  coast  of  Labrador,  to  and 
through  the  Straits  of  Bellisle,  and  thence  northward,  indefinitely, 
along  the  coast,  without  prejudice,  however,  to  any  of  the  exclusive 
rights  of  Hudson's  Bay  Company  ;  and  that  the  American  fisher- 
men shall  also  have  liberty,  forever,  to  dry  and  cure  fish  in  any  of 
the  unsettled  bays,  harbors,  and  creeks  of  the  southern  part  of  the 
coast  of  Newfoundland,  hereabove  described,  and  of  the  coast  of  Lab- 
rador ;  but  so  soon  as  the  same,  or  any  portion  thereof,  shall  be  set- 
tled, it  shall  not  be  lawful  for  the  said  fishermen  to  dry  or  cure  fish 
at  such  portion  so  settled,  without  previous  agreement  for  such  Dur- 


18 

pose  with  the  inhabitants,  proprietors,  or  possessors  of  the  ground, 
and  the  United  States  hereby  renounce,  forever,  any  liberty  hereto- 
fore enjoyed  or  claimed  by  the  inhabitants  thereof  to  take,  dry,  or 
cure  fish  on  or  within  three  marine  miles  of  any  of  the  coasts,  bays, 
creeks,  or  harbors  of  His  Britannic  Majesty's  dominions  in  America, 
not  included  within  the  above-mentioned  limits  :  Provided,  however, 
That  the  American  fishermen  shall  h'i  admitted  to  enter  such  bays  or 
harbors  for  the  purpose  of  shelter  and  of  repairing  damages  therein, 
of  i)urchasing  wood,  and  of  obtaining  water,  and  for  no  other  pur- 
pose whatever.  But  they  shall  be  under  such  restrictions  as  may 
bo  necessary  to  prevent  tlieir  taking,  drying,  or  curing  fish  therein, 
or  in  any  other  manner  whatever  abusing  the  privileges  hereby  re- 
served to  them. 

PROCLAMATION    OF    1830 — ACT   OF   MAY    1"),    1820. 

Section  1 .  From  and  after  the  JJOth  day  of  September  next  the  ports 
of  the  United  States  shall  be  and  remain  closed  against  every  vessel 
owned  wholly  or  in  part  by  a  subject  or  subjects  of  iiis  Britannic  Maj- 
esty, coming  or  arriving  by  sea  from  any  |iort  or  })lacc  in  the  prov- 
ince of  Lower  Canada,  or  coming  or  arriving  from  any  port  or  place 
in  the  province  of  New  Brunswick  not  included  within  the  act  to 
which  tliis  act  is  supplementary.  And  every  such  vessel  so  excluded 
from  the  ports  of  the  United  States  that  shall  enter  or  attempt  to  en- 
ter the  same  in  violation  of  this  act,  shall,  with  lier  tackle,  apparel, 
and  furniture,  together  with  the  cargo  on  board,  be  forfeited  to  the 
United  States. 

By  an  act  of  March  Ist,  1823,  this  prohibition  was  temporarily  sus- 
])ended  as  far  as  vessels  coming  from  Halifax,  N.  S.;  St.  Johns  and 
St.  Andrews,  N.  B.;  Quebec,  Canada.;  St.  Johns,  Newfoundland, 
Avere  concerned,  but  John  Quincy  Adams'  proclamation  of  March  17, 
1827,  restored  it  in  full  force. 

Finally  the  British  Government  expressed  its  willingness  to  accord 
full  commercial  privileges  to  American  vessels  in  all  its  ports,  and 
President  Jackson  on  October  5,  181)0,  issued  a  proclamation  declar- 
ing that  "British  vessels  and  their  cargoes  are  admitted  to  an  entry 
in  the  ports  of  the  United  States  from  the  islands,  provinces,  and  col- 
onies of  Great  Britain,  on  or  near  the  American  Continent,  and  north 
or  east  of  the  United  States." 

Tiie  commercial  privileges  thus  acquired  belong  to  every  vessel 
under  the  American  flag,  no  matter  whether  she  be  a  fishing-vessel, 
a  freight  boat,  or  a  passenger  steamsr,  and  cannot  be  bartered  away 
or  surrendered  by  any  uncompetent  or  obsequious  official. 

It  must  be  remembered  that  while  the  restrictions  mentioned  in 
the  treaty  of  1794  were  placed  upon  trading-vessels,  American  fish- 
ermen were  pursuing  their  calling  upon  the  coasts  and  entering  the 
bays  and  harbors  of  Canada  without  molestation. 

This  was  in  accordance  with  their  rights  guaranteed  by  the  treaty 
of  1783,  and  also  by  the  universal  custom  of  all  civilized  nations. 

In  the  eloquent  words  nf  Job.n  Quincy  Adams  to  Earl  Bathurst  on 


i       I 


19 

September  14,  1815,  "fisheries,  the  nature  of  which  is  to  multiply 
the  means  of  subsistence  to  mankind,  are  usually  considered  by  civil- 
ized nations  to  be  under  a  sort  of  8j)ecial  sanction.  It  was  acommon 
proctico  to  have  them  uninterrupted,  even  in  time  of  war,  You  know, 
for  instance,  that  the  Dutch  had  been,  for  centuries,  in  the  practice 
of  fishing  upon  the  coasts  of  this  island,  and  that  they  were  not  in- 
terrupted in  this  occupation  even  in  ordinary  times  of  war.  It  was 
to  be  inferred  from  this  that  to  interdict  a  fishery,  which  hai  been 
enjoyed  for  ages,  far  from  being  a  usual  act  in  the  peaceable  relations 
between  nations,  was  an  indication  of  animosity  transcending  even 
the  ordinary  course  of  hostility  in  war  " 

RECIPROCITY   TREATY   OF    1854. 

Articlk  I.  It  is  agreed  by  the  high  contracting  parties  that  in 
addition  to  the  liberty  secured  to  the  United  States  fishermen  by  the 
above-mentioned  convention  of  October  20,  1H18,  of  taking,  curing, 
and  drying  fish  on  certain  coasts  of  the  Britisii  North  American  Colon- 
ies therein  defined,  the  inhabitants  of  the  United  States  shall  have,  in 
common  with  the  subjects  of  Her  Britannic  Majesty,  the  liberty  to 
take  fish  of  every  kind,  except  shell-fisii,  on  the  sea-coasts  and  shores, 
and  in  the  bays,  harbors,  and  creeks  of  Canada,  New  Brunswick, 
Nova  Scotia,  Prince  Edward's  Islands,  and  of  several  islands  there- 
imto  adjacent,  without  being  restricted  to  any  distance  from  the 
shores,  with  permission  to  land  upon  the  coasts  and  harbors  of  those 
colonies  and  the  islands  thereof,  and  also  upon  the  Magdalen  Isknds, 
for  the  purpose  of  drying  their  nets  and  curing  their  fich  :  Provided, 
That  in  so  doing  they  do  not  interfere  with  the  rights  of  private 
property,  or  with  British  fishermen,  in  the  peaceable  use  of  any  part 
of  the  said  coast  in  their  occupancy  for  the  same  purpose. 

treaty  of  1871. 
Art.  XVIII.  It  is  agreed  by  the  high  contracting  parties  that  in 
addition  to  the  liberty  secured  to  the  United  States  fishermen  by  the 
convention  between  the  United  States  and  Great  Britain,  signed  at 
London  on  the  20th  day  of  October,  1818,  of  taking,  curing,  and 
drying  fish  on  certain  coasts  of  the  British  North  American  Colonies 
therein  defined,  the  inhabitants  of  the  United  States  shall  have,  in 
common  with  the  subjects  of  Her  Britannic  Majesty,  the  liberty,  for 
the  term  of  years  mentioned  in  article  XXXIII  of  this  treaty,  to  take 
fish  of  every  kind,  except  shell-fish,  en  the  sea-coasts  and  shores,  and 
in  the  bays,  harbors,  and  creeks  of  the  provinces  of  Quebec,  Nova 
Scotia,  and  New  Brunswick,  and  the  colony  of  Prince  Edward's  Isl- 
ands, and  of  the  several   islands  thereunto  adjacent,  without  being 
restricted  to  any  distance  from  the  shores,  with  permission  to  land 
upon  the  said  coasts  and  shores  and  islands,  and  also  upon  the  Mag- 
dalen Islands,  for  the  purpose  of  drying  their  nets  and  curing  their 
fish :  Provided,  That  in  so  doing  they  do  not  interfere  with  the  rights 
of  private  property,  or  with  British  fishermen  in  the  peaceable  use  of 
anv  part  of  the  said  coasts  in  their  occupancy  for  the  same  purpose. 


20 


50t1I    CoNGKiaS, 

1st  Sesfiion. 


Executive 
M. 


Message  from  tho  President  of  the  United  States  transmitting  a  treaty 
between  the  United  States  and  Great  Britain  concerning  the  inter- 
pretation of  the  convention  of  October  20,  1818,  signed  at  Wash- 
ington February  15,  1888. 

February  20,  1888. — Read,  treaty  read  the  first  time,  referred  to  tho 
Committee  on  Foreign  Relations,  and,  together  with  the  message 
and  tho  accompanying  documents,  ordered  to  be  printed  in  confi- 
dence for  the  use  of  the  Senate. 

To  the  Senate  of  the  United  Slates : 

In  my  annual  message  transmitted  to  the  Congress  in  December,. 
1886,  it  was  stated  that  negotiations  were  then  pending  for  tho  set- 
tlement of  the  questions  growing  out  of  tiie  rights  claimed  by  Ameri- 
can fishermen  in  British  North  American  waters. 

As  a  result  of  such  negotiations  a  treaty  has  been  agreed  upon 
between  Her  Britannic  Majesty  and  the  United  States,  concluded  and 
signed  in  this  capital,  under  my  direction  and  authority,  on  the  15th 
of  February  instant,  and  which  I  now  havo  the  honor  to  submit  to 
the  Senate  with  the  recommendation  that  it  shall  receive  the  consent 
of  that  body,  as  provided  in,  the  Constitution,  in  order  that  the  rati- 
fications thereof  may  be  duly  exchanged  and  tho  treaty  be  carried 
into  efiect. 

Shortly  after  Congress  had  adjourned  in  March  last,  and  in  con- 
tinuation of  my  efforts  to  arrive  at  such  an  agreement  between  the 
Governments  of  Great  Britain  and  the  United  States  as  would  secure; 
to  the  citizens  of  the  respective  countries  the  unmolested  enjoyment 
of  their  just  rights  under  existing  treaties  and  international  comity 
in  the  territorial  waters  of  Canada  and  of  Newfoundland,  I  avail 
myself  of  opportune  occurrences  indicative  of  a  desire  to  make  with- 
out delay  an  amicable  and  final  settlement  of  a  long-standing  con- 
troversy— productive  of  much  irritation  and  misunderetanding 
between  the  two  nations — to  send  through  our  minister  in  London 
proposals  that  a  conference  should  take  place  on  the  subject  at  this 
capital. 

The  experience  of  the  past  two  years  had  demonstrated  the  dilatory 
and  unsatisfactory  consequences  of  our  indirect  transaction  of  busi- 
ness through  the  foreign  office  in  London,  in  which  the  views  and 
wishes  of  the  Government  of  the  Dominion  of  Canada  were  practi 
cally  predominant,  but  were  only  to  find  expression  at  second  hand. 

To  obviate  this  inconvenience  and  obstruction  to  prompt  and  we'l 
defined  settlement  it  was  considered  advisable  that  the  negotiations 
should  be  conducted  in  this  city,  and  tliat  the  interests  of  Canada  and 
Newfoundland  should  be  directly  represented  therein. 

The  terms  of  referen:!e  having  been  duly  agreed  upon  between  the 
two  Governments,  and  tiu  c>  nference  arranged  to  be  held  here,  by 
virtue  of  the  power  in  i-v'\  /■  ned  by  the  Constitution,  I  duly  author- 


V/ 


SI 


W 


ized  Thomas  F.  iiayaid,  thu  Secretary  of  State  of  the  United  States; 
William  L.  Putnam,  a  citizen  of  the  State  of  Maine,  and  Jamen  B. 
Angoll,  a  citizen  of  the  State  of  Michigan,  for  and  in  the  nnme  of 
the  United  States,  to  meet  and  confer  with  the  plenipotentiaries  rep- 
resent ing  the  Government  of  Iler  Hritannlc  Majesty  fur  the  pur^mse 
of  considering  and  adjusting  in  a  friendly  spirit  all  or  any  qucHtions 
relating  to  rights  of  fishery  in  the  seas  adjacent  to  British  North 
America  and  Newfoundland  winch  were  in  dispute  hetween  the  Gov- 
ernments of  the  United  States  and  that  of  Her  Britannic  Majesty,  and 
jointly  and  severally  to  conclude  and  sign  any  treaty  or  treaties 
touching  the  promises;  and  I  herewith  trausmit  for  your  informa- 
tion lull  copies  of  the  power  so  given  by  me. 

In  execution  of  the  powers  so  conveyed,  the  said  Thomas  F. 
Bayard,  William  L.  Putnam,  and  James  B.  AngcU,  in  the  month 
of  November  last,  met  in  this  city  the  plenipotentiaries  of  Her  Br'- 
tuunic  Majesty,  and  proceeded  in  the  negotiation  of  a  treaty  as  above 
authorized.  After  many  conferences  and  protracted  efforts  an  agree- 
ment has  at  length  been  arrived  at,  which  is  embodied  in  the  treaty 
which  1  now  lay  before  you. 

The  treaty  meets  my  approval,  because  I  believe  that  it  supplies  a 
satisfactory,  practical,  and  final  adjuetmeut,  upon  a  basis  honorable 
and  just  to  both  parties,  of  the  difficult  and  vexed  question  to  which 
it  relates. 

A  review  of  the  history  of  this  question  will  show  that  all  former 
attempts  to  arrive  at  a  common  interf)retation,  satisfactory  to  both 
parties,  of  the  first  article  of  the  treaty  of  October  20, 1818,  have  been 
unsuccessful ;  and  with  the  lapse  of  time  the  difficulty  and  obscurity 
have  only  increased. 

The  negotiations  in  1854,  and  again  in  1871,  ended  in  both  cases 
in  temporary  reciprocal  arrangements  of  the  tariffs  of  Canada  and 
Newfoundland  and  of  the  United  Statef',  and  the  j)aymentof  a  money 
award  by  the  United  States,  under  which  the  real  questions  in  differ- 
ence remained  unsettled,  in  abeyance,  and  ready  to  present  them- 
selves anew  just  as  soon  as  the  conventional  arrangements  were 
abrogated. 

The  situation,  therefore,  remained  unimproved  by  the  results  of 
the  treaty  of  1871,  and  a  grave  condition  of  affairs,  presenting  almost 
identically  the  same  features  and  causes  of  complaint  by  the  United 
States  against  Canadian  action  and  British  default  in  its  correction, 
confronted  us  in  May,  1880,  and  has  continued  until  the  present 
time. 

The  greater  part  of  the  correspondence  which  has  taken  place  be- 
tween the  two  Governments  has  heretofore  been  communicated  to 
Congress,  and  at  as  early  a  day  as  possible  1  shall  transmit  the 
remaining  portion  to  this  date,  accompanying  it  with  the  joint  jjro- 
tocols  of  the  conferences  which  resulted  in  the  conclusion  of  the 
treaty  now  submitted  to  you. 

You  will  thus  be  fully  possessed  of  the  record  and  history  of  the 
case  since  the  termination,  on  June  30,  1885^  of  the  fishery  articLes^ 


22 


■ct'  the  treaty  of  Washington  of  18 Tl,  wherehy  we  were  relegated  to 
the  provisions  of  the  treaty  of  October  20,  1818. 

As  the  documents  and  papers  referred  to  will  siip[)ly  full  informa- 
tion of  the  positions  taken  under  my  administration  by  the  represent- 
atives of  the  United  States,  as  well  as  those  occupied  by  the  repre- 
sentatives of  the  Government  of  Great  Britain,  it  is  not  cop^idered 
necessary  or  expedient  to  repeat  them  in  this  message.  But  I  believe 
the  treaty  will  be  found  to  contain  a  just,  honorable,  and,  therefore, 
satisfactory  solution  of  the  difficulties  which  have  clouded  our  rela- 
tions with  our  neighbors  on  our  northern  border. 

Especially  satisfactory  do  I  believe  the  proposed  arrangement  will 
he  found  by  those  of  our  citizens  who  are  engaged  in  the  open  sea 
fisheries,  adjacent  to  the  Canadian  coast,  and  resorting  to  those  ports 
and  harbors  under  treaty  provisions  and  rules  of  international  law. 

The  proposed  delimitation  of  the  lines  of  the  exclusive  fisheries 
from  the  common  fisheries  will  give  certainty  and  security  as  to  the 
area  of  their  legitimate  field  ;  the  headland  theory  of  imaginary  lines 
is  abandoned  by  Great  Britain,  and  the  specification  in  tlie  treaty  of 
certain  named  bays  especially  provided  for  gives  satisfaction  to  the 
inhabitants  of  the  shores,  without  subtracting  materially  from  the 
value  or  convenience  of  the  fishery  rights  of  Auiericans. 

The  uninterrupted  navigation  of  the  Strait  of  Canso  is  expressly 
and  for  the  first  time  affirmed,  and  the  four  purposes  for  which  our 
fishermen  under  the  treaty  of  1818  were  allowed  to  enter  the  bays 
and  harbors  of  Canada  ind  Newfoundland  within  the  belt  of  three 
marine  miles  are  placed  under  a  fair  and  liberal  construction,  and 
their  enjoyment  secured  without  such  conditions  and  restrictions  as  in 
the  past  have  embarrassed  and  obstructed  them  so  seriously. 

The  enforcement  of  penalties  for  unlawfully  fishing  or  preparing  to 
fish  within  the  inshore  and  exclusive  waters  of  Canada  and.  New- 
foundland is  to  be  accomplished  und.r  safe-guards  against  oppressive 
or  arbitrary  action,  thus  protecting  the  defendant  fishermen  from 
punishment  in  advance  of  trial,  delays,  and  inconvenience  and  unnec- 
essary expense. 

The  history  of  events  in  the  last  two  years  snows  that  no  feature  of 
Canadian  administration  was  more  harassing  and  injurious  than  the 
compulsion  upon  our  fishing-vessels  to  make  formal  entry  and  clear- 
ance on  every  occasion  of  temporarily  seeking  shelter  in  Canadian 
ports  and  harbors. 

Such  inconvenience  is  provided  against  in  the  proposed  treaty,  and 
"this  most  frequent  and  just  cause  of  complaint  is  removed. 

The  articles  permitting  our  fisliermen  to  obtain  provisions  and  the 
■ordinary  supplies  of  trading  vessels  on  their  ' omeward  voyages,  antl 
under  whicli  they  are  accorded  the  fuftiier  and  even  more  im[)ortant 
privilege  on  all  occasions  of  purchasing  such  casual  or  needful  pro- 
visions and  supplies  asiireordinarily  granted  to  trading-vessels,  are  of 
great  importance  and  value. 

The  licenses  which  are  to  be  granted  without  cliarge  and  on  appli- 
voation,  in  order  to  enable  our  fishermen  to  enjoy  these  privileges,  are 


v,-* 


.*M-    . 


reasoTialile  and  propor  checks  in  the  hands  of  the  local  authorities  to 
identify  tlie  recipients  and  prevent  abuse,  and  can  form  no  impedi- 
ment to  those  wlio  intend  to  use  thera  fairly. 

The  iiospitality  secured  for  our  vessels  in  all  cases  of  actual  distress, 
with  liberty  to  unload  and  sell  and  transship  their  cargoes,  is  full 
and  liberal. 

These  provisions  will  secure  the  substantial  enjoyment  of  the  treaty 
rights  for  our  fishermen  under  the  treaty  of  1818,  for  which  conten- 
tion has  been  steadily  made  in  the  correspondence  of  the  Department 
of  State  and  our  minister  at  London  and  by  the  American  negoti- 
ators of  the  present  treaty. 

The  right  of  our  fishermen  unuer  the  treaty  of  1818  did  not  extend 
to  the  procurement  of  distinctive  fishery  supjdies  in  Canadian  ports 
and  harbors  ;  and  one  item  supposed  to  be  essential,  to  wit,  bait,  was 
plainly  denied  ttiem  by  the  explicit  and  definite  words  of  the  treaty 
Df  1818.  emphasized  by  the  course  of  the  negotiation  and  express  de- 
cisions which  jtreceded  the  conclusion  of  that  treaty. 

The  treaty  now  submitted  contains  no  provision  affecting  tariff  du- 
ties, and,  independently  of  the  position  assumed  upon  the  })artof  tlie 
United  States,  that  no  alteration  in  our  tariff  or  other  domestic  leg- 
islation could  he  made  as  the  price  or  consideration  of  obtaining  the 
lights  of  our  citizens  secured  by  treaty,  it  was  considered  rnore  expe- 
dient to  allow  any  change  in  the  revenue  laws  of  the  United  States 
to  be  made  by  the  ordinary  exercise  of  legislative  will  and  in  promo- 
tion of  the  public  interests.  Therefore,  the  addition  to  the  free 
list  of  fish,  fish  oil,  whale  and  seal  oil,  etc.,  recited  in  the' last  article 
of  the  treaty,  is  wholly  lelt  to  the  action  of  Congress  ;  and  in  con- 
nection theiewith  the  Canadian  and  Newfoundland  right  to  regulate 
sales  of  bait  and  other  fisliing  supi)lies  within  their  own  jurisdiction 
is  recognized,  and  the  right  of  our  fishermen  to  freely  purchase  these 
things  is  made  contingent  by  this  treaty  upon  the  action  of  Congress 
in  the  modification  of  our  tariff  laws. 

Our  social  and  commercial  intercourse  with  those  po])ulations  who 
have  been  placed  upon  our  borders  and  made  forever  our  neighbors  is 
made  apparent  by  a  list  :f  United  States  common  carriers,  marine 
and  inland, •connecting  their  lines  with  Canada,  which  was  returned 
by  the  Secretary  of  the  Treasury  to  the  Senate  on  the  7th  day  of  Feb- 
ruary, 1888,  iu'answer  to  a  resolution  of  that  body  ;  and  this  is  in- 
structive as  to  the  great  volume  of  mutually  profitable  interchanges 
which  has  come  into  existence  during  the  last  half  century. 

This  intercourse  is  still  but  i)artially  developed,  and  if  the  amica- 
ble enterprise  and  wholesome  rivalry  between  the  two  populations  be 
not  obstructed,  tlie  promise  of  the  future  is  full  of  the  fruits  of  an 
unbounded  prosperity  on  both  sides  of  the  border.  .  .         , 

The  treaty  now  submitted  to  you  has  been  framed    in   a   spirit   of 
liberal  equity  and  reciprocal  benefits,  in  the  conviction   that^  mutua 
advantage  uiid  convenience  arc   the  only    permanent  foundation  o  f 
peace  and  fiien(lslii[)  between  States,  ami  tliat  with  the  adoption  of 
the  agreement  now  placed  bef<'ie  the  Senate,  a  beneficial  and   satis- 


i\ 


I 


24 


factory  intercourse  between  the  two  countries  will  be  established  so 
as  to  secure  perpetual  peace  and  harmony. 

In  connection  with  the  treaty  herewith  submitted  I  deem  it  also 
my  duty  to  transmit  to  the  Senate  a  written  offer  or  arrangement 
in  the  nature  of  a  modus  vivendi,  tendered  after  the  conclusion  of  the 
treaty  on  the  part  of  the  British  plenipotentiaries,  to  secure  kindly 
and  peacetul  relations  during  the  period  that  may  be  required  for  the 
consideration  of  the  treaty  by  the  respective  Governments  and  for  the 
enactment  of  the  necessary  legislation  to  carry  its  provisions  into 
eflect  it  approved. 

This  paper,  freely  and  on  their  own  motion,  signed  by  the  British 
conferees,  not  only  extend  advantages  to  our  fishermen,  pendin.'  the 
ratihcation  of  the  treaty,  but  appears  to  have  been  dictated  by  a 
triendly  and  amicable  spirit. 

I  am  given  to  understand  that  the  other  governments  concerned  in 
this  treaty  will,  within  a  few  days,  in  accordance  with  their  methods 
of  conducting  public  business,  submit  said  treaty  to  their  respective 
legislatures,  when  it  will  be  at  once  published  to  the  world  In  view 
of  such  action  it  appears  to  be  advisable  that  by  ()ublication  here  early 
and  full  knowledge  of  all  that  has  been  done  in  the  premises  should 
be  attorded  to  our  people. 

It  would  also  seem  to  be  useful  to  inform  the  popular  mind  con- 
cerning the  history  of  the  long  continued  disputes  growinc^  out  of 
the  subject  embraced  in  the  treaty  and  to  satisfy  the  public  interests 
touching  the  same,  as  well  as  to  acquaint  our  people  with  the  present 
status  of  the  questions  involved,  and  to  give  them  the  exact  terms  of 
the  proposed  adjustment,  in  place  of  the  exaggerated  and  imaginative 
statements  which  will  otherwise  reacli  them. 

I  therefore  beg  leave  respectfully  to  suggest  that  said  treaty  and 
all  such  correspondence,  messages,  and  documents  relatintr  to  the- 
sarae  as  may  be  deemed  important  to  accomplish  these  purposes  be  at 
once  made  public  by  the  order  of  your  honorable  body 

,.  ,,  GROVER  CLEVELAND. 

bxEcuTiVE  Mansion, 

February  20,  1888. 


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C, 

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Whereas  differences  have  arisen  concerning  the  interpretation 
ot  Article  t  of  the  Convention  of  October  20,  1818;  the  United 
Mates  of  America,  and  her  Majesty  the  Queen  of  the  United 
Aingdom  of  Great  Britain  and  Ireland,  being  mutually  desirous 
of  removing  all  causes  of  misunderstanding  in  relation  thereto 
and  of  promoting  friendly  intercourse  and  good  neighborhood' 
between  the  United  States  and  the  possessions  of  her  Majesty  in 
North  America,  have  resolved  to  conclude  a  treaty  to  that  end 
and  have  named  as  their  plenipotentiaries,  that  is  to  say  •  ' 

The  President  of  the  United  States,  Thomas  F.  Bayard   Sec- 
retary of  State  ;  William  L.  Putnam,  of  Maine;  and  James  B 
Angell,  of  Michigan. 


•  / 


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•  y 


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And  her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  the  Right  Hon.  Joseph  Chamberlain,  M.  P.  ; 
the  Honorable  Sir  Lionel  Sackville  Sackville  West,  K.  C.  M. 
G.,  her  Britannic  Majesty's  envoy  extraordinary  and  minister 
plenipotentiary  to  the  United  States  of  America ;  and  Sir  Charles 
Tapper,  G.  C.  M.  G.,  C.  B.,  minister  of  finance  of  the  Dominion 
of  Canada. 

Who, having  communicated  to  each  other  their  respective  full 
powers,  found  in  good  and  due  form,  have  agreed  upon  the  fol- 
lowing articles: 

Article  I. 

The  high  contracting  parties  agree  to  appoint  a  mixed  com- 
mission to  delimit,  in  the  manner  provided  in  this  treaty,  the 
British  waters,  bays,  creeks,  and  harbors  of  the  coasts  of  Canada 
and  of  Newfoundland,  as  to  which  the  United  States,  by  Article 
I  of  the  convention  of  October  20,  1818,  between  the  United 
States  and  Great  Britain,  renounced  forever  any  liberty  to  take, 
dry,  or  cure  fish. 

Article  II. 

The  commission  shall  consist  of  two  commissioners  to  be 
named  by  Her  Britannic  Majesty  and  of  two  commissioners  to 
be  named  by  the  President  of  the  United  States  without  delay 
after  the  exchange  of  ratifications  of  this  treaty. 

The  commission  shall  meet  and  complete  the  delimitation  as 
soon  as  possible  thereafter. 

In  case  of  the  death,  absence,  or  incapacity  of  any  commissioner, 
or  in  the  event  of  any  commissioner  omitting  or  ceasing  to  act  as 
such,  the  President  of  the  United  States  or  Her  Britannic  Maj- 
esty, respectively,  shall  forthwith  name  another  person  to  act  as 
commissioner  instead  of  the  commissioner  originally  named. 

Article  III. 

The  delimitation  referred  to  in  Article  I  of  this  treaty  shall  be 
marked  upon  British  admiralty  charts  by  a  series  of  lines  regu- 
larly numbered  and  duly  described.  The  charts  so  marked  shall, 
on  the  termination  of  the  work  of  the  commission,  be  signed  by 
the  commissioners  in  quadruplicate,  one  copy  whereof  shall  be 
delivered  to  the  Secretary  of  State  of  the  United  States  and  three 
copies  to  Her  Majesty's  Government.  The  delimitation  shall  be 
made  in  the  following  manner,  and  shall  be  accepted  by  both 
the  high  contracting  parties  as  applicable  for  all  purposes  under 
Article  I  of  the  convention  of  October  20,  1818,  between  the 
United  States  and  Great  Britain. 

The  three  marine  miles  mentioned  in  Article  I  of  the  conven- 
tion of  October  20,  1818,  shall  be  measured  seaward  from  low 
water  mark  :  but  at  every  bay,  creek,  or  harbor,  not  otherwise 
specially  provided  for  in  this  treaty,  such  three  marine  miles 


!'  -■ 


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shall  be  measured  seaward  from  a  straight  line  drawn  across 
the  bay,  creek,  or  harbor,  in  tlie  part  nearest  the  entrance  at 
the  first  point  were  the  width  does  not  exceed  ten  marine  miles, 

Articlk  IV. 

At  or  near  tlie  following  bays  the  limits  of  exclusion  under 
Article  I  of  the  convention  of  October  20,  1818,  at  points  more 
than  three  marine  miles  from  low  water  mark,  shall  be  estab- 
lished by  the  following  lines,  namely: 

At  the  Baie  des  Chaleurs  the  line  from  the  light  at  Birch 
Point  on  Miscou  Island  to  Macquereau  Point  Light ;  at  the  Bay 
of  Miramichi,  the  line  from  the  light  at  Point  Escuminac  to 
the  light  on  the  eastern  point  of  Tabisintac  Gully  ;  atEgmont 
Bay,  in  Prince  Edward  Island,  the  line  from  the  light  a?  Cape 
Egmont  to  the  light  at  West  Point  ;  and  off  St.  Ann's  Bay, 
in  the  Province  of  Nova  Scotia,  the  line  from  Cape  Smoke  to 
the  light  at  Point  Aconi. 

At  Fortune  Bay,  in  Newfoundland,  the  line  from  Connaigre 
Head  to  the  light  on  the  southeasterly  end  of  Brunet  Island 
thence  to  Fortune  Head  ;  at  Sir  Charles  Hamilton  Sound,  the 
line  from  the  southeast  point  of  Cape  Fogo  to  White  Island, 
thence  to  the  north  end  of  Peckford  Island,  and  from  the  south 
end  of  Peckford  Island  to  the  east  Headland  of  Ragged  Harbor.' 

At  or  near  the  following  bays  the  limits  of  exclusion  shall 
be  three  marine  miles  seaward  from  the  following  lines,  namely : 

At  or  near  Barrington  Bay,  in  Nova  Scotia,  the  line  from  the 
light  on  Stoddard  Island  to  the  light  on  the  south  point  of  Cape 
Sable,  thence  to  the  light  at  Baccaro  Point;  at  Chedabucto 
and  St.  Peter's  Bay,  the  line  from  Oranherry  Islaml  Light  to 
Green  Island  Light,  thence  to  Point  Rouge ;  at  Mira  Bay,  the 
line  from  the  light  on  the  east  point  of  Si-atari  Island  to  the 
northeasterly  point  of  Cape  Morien  ;  and  at  Placentia  Bay,  in 
Newtoundland,  the  line  from  Latine  Point,  on  the  eastern  main- 
land shore,  to  the  most  southerly  point  of  Red  Island,  thence 
by  the  most  southerly  point  of  Merasheen  Island  tothe  mainland. 

Long  Island  and  Bryer  Island,  at  St.  Mary's  Bay,  in  Nova  Sco- 
tia, shall,  for  the  purpose  of  delimitation,  be  taken  as  the  coasts 
of  such  bay. 

Article  Y. 

Nothing  in  this  treaty  shall  be  construed  to  include  within 
the  common  waters    any  such  interior  portions  of  any   bays 
creeps,  or  harbors  as  cannot   be  reached  from   the  sea  witliout 
passing  within  the  three  marine  miles  mentioned  in  Article  I 
of  the  convention  of  October  20,  1818. 

Article  VI. 
The  Commissioners  shall  from  time  to  time  report  to  each  of 


Vf 


2r 


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the  high  contracting  parties,  such  lines  as  tliey  may  have  agreed 
upon  numbered,  described,  and  marked  as  herein  provided,  with 
quadru{)licate  charts  thereof;  whicli  linos  so  reported  shall 
forthwith  from  time  to  time  be  simultaneously  proclaimed  by 
the  high  contracting  parties,  and  bf  binding  after  two  months 
from  sucii  proclamation. 

Akticle  VII. 

Any  disagreement  of  the  Commissioners  shall  forthwith  be 
referred  to  an  um[)ire  selected  by  the  Secretary  of  State  of  the 
United  States  and  Her  Britannic  Majesty's  Minister  at  Wash- 
ington ;  a    ,  his  decision  shall  be  final. 

Article  VIII. 

Each  of  the  high  contracting  parties  shall  pay  its  own  Com- 
missioners and  officers.  All  other  expenses  jointly  incurred, 
in  connection  with  the  performance  of  the  work,  including  com- 
pensation to  the  umpire,  shall  be  paid  by  the  high  contracting 
parties  iu  equal  moieties. 

Article  IX. 

Nothing  in  this  treaty  shall  interrupt  or  affect  the  free  naviga- 
tion of  the  Strait  of  Cansoby  fishing  vessels  of  the  United  States. 

Article  X. 

United  States  fishing-vessels  entering  the  bays  or  harbors 
referred  to  in  Article  I  of  this  treaty  shall  conform  to  harbor 
regulations  common  to  them  and  to  fishing-vessels  of  Canada 
or  of  Newfoundland. 

They  need  not  report,  enter,  or  clear,  when  putting  into  such 
bays  or  harbors  for  shelter  or  repairing  damages,  nor  when 
putting  into  the  same,  outside  the  limits  of  established  ports  of 
entry,  for  the  purpose  of  purchasing  wood  or  of  obtaining 
water ;  except  that  any  such  vessel  remaining  more  than  twenty- 
four  hours,  exclusive  of  Simdays  and  legal  holidays,  within  any 
such  port,  or  communicating  with  the  shore  therein,  may  be 
required  to  report,  enter,  or  clear ;  and  no  vessel  shall  be  ex- 
cused hereby  from  giving  due  information  to  boarding  officers. 

They  shall  not  be  liable  in  any  such  bays  or  harbors  for 
compulsory  pilotage  ;  nor,  when  tl  erein  for  the  purpose  of 
slielter,  of  repairing  dp  nages,  of  purchasing  wood,  or  of  ob- 
taining water,  shall  they  be  liable  for  harbor  dues,  tonnage 
dues,  buoy  dues,  light  dues,  or  other  similar  dues  ;  but  this 
enumeration  shall  not  permit  other  charges  inconsistent  with 
the  enjoyment  of  the  liberties  reserved  or  secured  by  the  con- 
vention of  October  20,  1818. 

Article  XI. 

United  States  fishing-vessels  entering  the  port?,  bay^,  and 
harbors  of  the  eaotera  and  northeaster  a  coasts  oi  Canada  or  of 


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the  coasts  of  Newfoundland  under  stress  of  weather  or  other 
casualty  may  unload,  reload,  tranship,  or  sell,  subject  to  cus- 
toms laws  and  regulations,  all  fish  on  board,  when  such  un- 
loadmg,  transshipment,  or  sale  is  made  necessary  as  incidental 
to  repairs,  and  may  replenish  outfits,  provisions,  and  supplies 
damaged  or  lost  by  disaster  ;  and  in  case  of  death  or  sickness 
shall  be  allowed  all  needful  facilities,  including  the  shipping 
01  crews.  no 

Licenses  to  purchase  in  established  ports  of  entry  of  the  afore- 
said coasts  of  Canada  or  of  Newfoundland,  for  the  homeward 
voyage,  such  provisions  and  supplies  as  are  ordinarily  sold  to 
trading-vessels,  shall  be  granted  to  United  States  fishing-vessels 
in  such  ports  promptly  upon  application  and  without  charge  ; 
and  such  vessels,  having  obtained  licenses  in  the  manner  afore- 
said, shall  also  be  accorded  upon  all  occasions  such  facilities 
for  the  purchase  of  casual  or  needful  provisions  and  supplies  as 
are  ordinarily  granted  to  trading  vessels  ;  but  such  provisions 
or  supplies  shall  not  be  obtained  by  barter  nor  purchased  for 
resale  or  traffic. 

Article  XII. 

Fishing-vessels  of  Canada  and  Newfoundland  shall  have  on 
the  Atlantic  coast  of  the  United  States  all  the  privilef^es  re- 
served and  secured  by  this  treaty  to  United  States  fishing  ves- 
sels in  the  aforesaid  waters  of  Canada  and  Newfoundland. 

Article  XIII. 

The  Secretary  of  the  Treasury  of  the  United  States  shall 
make  regulations  providing  for  the  conspicuous  exhibition  by 
every  United  States  fishing-vessel  of  its  official  number  on  each 
bow ;  and  any  such  vessel  required  by  law  to  have  an  official 
number  and  failing  to  comply  with  such  regulations  shall  not 
be  entitled  to  the  licenses  provided  for  in  this  treaty. 

Such  regulations  shall  be  communicated  to  Her  Majesty's 
Government  previously  to  their  taking  effect. 

Article  XIV. 

The  penalties  for  unlawfully  fishing  in  the  waters,  bays, 
creeks,  and  harbors,  referred  to  in  Article  I  of  this  treaty,  may 
extend  to  forfeiture  of  the  boat  or  vessel  and  appurtenances, 
and  also  of  the  supplies  and  cargo  aboard  when  the  offense  was 
committed  ;  and  for  preparing  in  such  waters  to  unlawfully  fish 
therein  penalties  shall  be  fixed  by  the  court,  not  to  exceed  tliose 
for  unlawlully  fishing  ;  and  for  any  other  violation  of  the  laws 
of  Great  Britain,  Canada,  or  Newfoundland  relating  to  the 
right  of  fishery  in  such  waters,  bays,  creeks,  or  harbors  penal- 
ties shall  be  fixed  by  the  court,  not  exceeding  in  all  three  dol- 
lars for  every  ton  of  the  boat  or  vessel  concerned.  The  boat  or 
vessel  may  be  holden  for  such  penalties  and  forfeitures. 


29 

195  The  proceedings  shall  be  summary  and  as  inexpensive  as 

196  practicable.     The  trial  (except  on  appeal)  shall  he  at  the  place 

197  of  detention,  unless  the  judge  shall,  on  request  of  the  defense, 

198  order  it  to  he  held  at  some  other  place  adjudged  by  him  more 

199  convenient.     Security  for  costs  shall  not  be  required  of  the  de- 

200  fense,  except  when  bail  is  offered.     Reasonable  bail  shall  be 

201  accepted.     There    shall   be   proper  appeals  available   to   the 

202  defense  only  ;  and  the  evidence  at  the  trial  may  be  used  on 

203  appeal. 

204  Judgments  of  forfeiture  shall  be  reviewed  by  the  Governor- 

205  General  of  Canada  in  Council,  or  the  Governor  in  Council  of 

206  Newfoundland,  before  the  same  are  executed. 

207  Article  XV. 

208  "Whenever  the  United  States  shall  remove  the  duty  from  fish- 

209  oil,  whale-oil,  seal-oil,  and  fish  of  all  kinds  (except  fish  pre- 

210  served  in  oil),  being  the  product  of  fisheries  carried  on  by  the 

211  fishermen  of  Canada  and  Newfoundland,  including  Labrador, 

212  as  well  as  from  the  usual  and  necessary  casks,  barrels,  kegs, 

213  cans,  and  other  usual  and  necessary  coverings  containing  the 

214  products  above  mentioned,  the  like  products,  being  the  produce 

215  of  fisheries  carried  on  by  the  fishermen  of  the  United  States,  as 

216  well  as  the  usual  and  necessary  coverings  of  the  same,  as  above 

217  described,  shall  be  admitted  free  of  duty  into  the  Dominion  of 

218  Canada  and  Newfoundland. 

219  And  upon  such  removal  of  duties,  and  while  the  aforesaid 

220  articles  are  allowed  to  be  brought  into  the  United  States  by 

221  British  subjects,  without  duty  being  reimposed  thereon,  the 

222  privilege  of  entering  the  ports,  bays,  and  harbors  of  the  afore- 

223  said  coasts  of  Canada  and  Newfoundland  shall  be  accorded  to 

224  United  States  fishing-vessels  by  annual  licenses,  free  of  charge, 

225  for  the  following  purposes,  namely  : 

226  1.  The  purchase  of  provisions,  bait,  ice,  seines,  lines,  and  all 

227  other  supplies  and  outfits  ; 

228  2.  Transshipment  of  catch,  for  transport  by  any  means  of 

229  conveyance ; 

230  3.  Shipping  of  crews. 

231  Supplies  shall  not  be  obtained  by  barter,  but  bait  may  be  so 

232  obtained. 

233  The  like  privileges  shall  be  continued  or  given  to  fishing-ves- 

234  sels  of  Canada  and  of  Newfoundland  on  the  Atlantic  coasts  of 

235  the  United  States. 

236  Article  XVI. 

237  This  treaty  shall  be  ratified  by  the  President  of  the  United 

238  States,  by  and  with  the  advice  and  consent  of  the  Senate;  and 

239  by  Her  Britannic  Majesty,  having  received  the  assent  of  the 

240  Parliament  of  Canada  and  of  the  Legislature  of  Newfoundland ; 

241  and  the  ratifications  shall  be  exchanged  at  Washington  as  soon 

242  as  possible. 


30 


243 
244 
245 
246 
247 
248 
249 
250 
251 
252 
253 


In  faith  whereof,  we,  the  respective  plenipotentiaries,  have 
signed  thiei  treaty,  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate,  at  Washington,  this  15th  day  of  Febru- 
ary, in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
eighty-eight. 

T.  F.  BAYARD. 

WILLIAM  L.  PUTNAM. 

JAMES  B.  ANGELL. 

J.  CHAMBERLAIN. 

L.  S.  SACKVILLE  WEST. 

CHARLES  TUPPER. 


[seal 
[seal 
[seal 

[SEAL.^ 

[seal.' 
[seal.' 


I. 


protocol  of  fisheries  conference. 


Washington,  November  22,  1887. 
The  fisheries  conference  having  formally  met,  the  full  powers  of 
the  plenipotentiaries  were  exhibited  and  found  to  be  in  good  and  due 
form,  as  follows: 

Grover  Cleveland,  President  of  the  United  States  of  America.  To 
all  to  whom  these  presents  shall  come,  Greeting  : 

Know  ye  that,  reposing  special  trust  and  confidence  in  the  integ- 
rity and  ability  of  Thomas  F.  Bayard,  Secretary  of  State;  William 
L.  Putnam,  of  Maine  ;  and  James  B.  Angell,  of  Michigan  ;  I  hereby 
invest  them  with  full  power  jointly  and  severally,  for  and  in  the 
names  of  the  United  States,  to  meet  and  confer  with  plenipotentiaries 
representing  the  government  of  Her  Britannic  Majesty,  for  the  pur- 
pose of  considering  and  adjusting  in  a  friendly  spirit  all  or  any  ques- 
tions relating  to  rights  of  fishery  in  the  seas  adjacent  to  British  North 
America  and  Newfoundland  which  are  in  dispute  between  the  Gov- 
ernment of  the  United  States  and  that  of  Her  Britannic  Majesty,  and 
any  other  questions  which  may  arise  and  which  they  may  be  author- 
ized by  their  respective  governments  to  consider  and  adjust  ;  and  I 
also  fully  empower  and  authorize  the  said  Thomas  F.  Bayard,  Wil- 
liam L.  Putnam,  and  James  B.  Angell,  jointly  and  severally,  to  con- 
clude and  sign  any  treaty  or  treaties  touching  the  premises,  for  the 
final  ratification  of  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate,  if  such  advice  and  consent  be 
given. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States 
to  be  hereunto  affixed. 

Given  under  my  hand  at  the  city  of  Washington  this  eighteenth 
day  of  November,  in  the  year  of  our  Lord  one  thousand  eight 
[seal.]     hundrvid  and  eighty-seven,  and  of  the  Independence  of  the 
United  States,  the  one  hundredth  and  twelfth. 

GROVER  CLEVELAND. 
By  the  President : 

T.  F.  Bayard, 

Secretary  of  State. 


»» 


81 


»» 


Victoria  R.  &  I.     Victoria,  by  the  Grace  of  God,  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  Queen,  Defender  of  the  Faith 
Empress  of  India,  &c.,  dc,  dc,  To  All  and  Singular  to  whom  these 
Presents  shall  come,  Greeting ! 

Whereas  for  the  purpose  of  considering  and  adjusting  in  a  friendly 
spirit  with  plenipotentiaries,  to  be  appointed  on  the  part  of  our  good 
friends,  the  United  States  of  America,  all  or  any  questions  relating 
to  rights  of  fishery  in  the  seas  adjacent  to  British  North  America 
and  Newfoundland,  which  are  in  dispute  between  our  Government 
and  that  of  our  said  good  friends,  and  any  other  questions  which  may 
arise,  which  the  respective  plenipotentiaries  may  be  authorized  by 
their  Governments  to  consider  and  adjust,  we  have  judged  it  expe- 
dient to  invest  fit  persons  with  full  power  to  conduct  on  our  part  the 
discussions  in  this  behalf.     Know  ye,  therefore,  that  we,  reposing 
especial  trust  and  confidence  in  the  wisdom,  loyalty,  diligence,  and 
<;ircumsi)ection  of  our  right  trusty  and  well-beloved   Councillor, 
Joseph  Chamberlain,  a  member  of  our  Most  Honorable  Privy  Coun- 
cil and  a  member  of  Parliament,  &c.,  &c.;  of  our  trusty  and  well 
beloved,  the  Hon.  Sir  Lionel  Sackville  Sackville  West,  Knight  Com- 
mander of  our  Most  Distinguished  Order  of  St.  Michael  and  St. 
George,  our  Envoy  Extraordinary  and  Minister  Plenipotentiary  to 
our  said  good  friends,  the  United  States  of  America,  &c.,  &c.,  and 
of  our  trusty  and  well  beloved  Sir  Charles  Tupper,  Knight  Grand 
Cross  of  our  Most  Distinguished  Order  of  St.  Michael  and  St.  Georo-e 
companion  of  our  Most  Honorable  Order  of  the  Bath,  Minister°of 
Finance  of  the  Dominion  of  Canada,  &c.,  &c.,  have  named,  made, 
constituted,  and  appointed,  as  we  do  by  these  presents  name,  make, 
constitute,  and  appoint  them  our  undoubted  plenipotentiaries  ;  giv- 
ing to  them,  or  to  any  two  of  them,  all  manner  of  authority  to  treat, 
adjust,  and  conclude,  with  such  plenipotentiaries  as  may  be  vested 
with  similar  power  and  authority,  on  the  part  of  our  good  friends, 
the  United  States  of  America,  any  treaties,  conventions,  or  agree- 
ments that  may  tend  to  the  attainment  of  the  above-mentioned 'end, 
and  to  sign  for  us  and  in  our  name  everything  so  agreed  upon  and 
concluded,  and^to  do  and  transact  all  such  other  matters  as  may  ap- 
pertain to  the  finishing  of  the  aforesaid  work,  in  as  ample  manner 
and  form,  and  with  equal  force  and  efficiency  as  we  ourselves  could 
do  if  personally  present ;  engaging  and  promising  upon  our  royal 
word  that  whatever  things  shall  be  so  transacted  and  concluded  by 
our  said  plenipotentiaries  shall  be  agreed  to,  acknowledged,  and  ac- 
cepted by  us  in  the  fullest  manner,  and  that  we  will  never  suffer, 
cither  in  the  whole  or  in  part,  any  person  whatsoever  to  infringe  the 
.same,  or  act  contrary  thereto,  as  far  as  it  lies  in  our  power.     In  wit- 
ness whereof,  we  have  caused  the  great  seal  of  our  United  Kingdom 
of  Great  Britain  and  Ireland  to  be  affixed  to  these  presents  which  we 
have  signed  with  our  royal  hand.     Given  at  our  court  at  Balmoral 
the  twenty-fourth  day  of  October,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  eighty-seven,  and  in  the  fifty-first  year  of 
our  reign. 


32 


The  British  plenipotentiaries  proposed  that  Mr.  Bayard,  Secretary 
of  State  of  the  United  States,  should  preside. 

Mr.  Bayard,  while  expressing  appreciation  of  the  proposal,  stated 
the  opinion,  in  which  the  other  United  States  plenipotentiaries  con- 
curred, that  it  was  not  necessary  that  any  one  should  preside  ;  and 
the  proposal  was  permitted  to  rest. 

Mr.  John  B.  Moore,  Third  Assistant  Secretary  of  State  of  the 
United  States,  acting  as  Secretary  to  the  United  States  plenipoten- 
tiaries, and  Mr.  J.  H.  G.  Bergne,  C.  M.  G.,  Superintendent  of  the 
Treaty  Department  of  the  British  Foreign  Office,  acting  as  secretary 
to  the  British  plonipotentiaries,  were  requested  to  make  the  protocols 
of  the  conference. 

After  some  discussion  of  questions  hefore  the  conference,  it  was 
adjourned  to  12  o'clock  m.  of  the  28th  of  November. 

PROTOCOL. 

The  treaty  having  been  signed  by  the  British  plenipotentiaries 
desire  to  state  that  they  have  been  considering  the  position  which 
will  be  created  by  the  immediate  commencement  of  the  fishing  sea- 
son before  the  treaty  can  possibly  be  ratified  by  the  Senate  of  the 
United  States,  by  the  Parliament  of  Canada,  and  the  legislature  of 
Newfoundland. 

In  the  absence  of  such  ratification  the  old  conditions  which  have 
given  rise  to  so  much  friction  and  irritation  might  be  revived,  and 
might  interfere  with  the  unprejudiced  consideration  of  the  treaty  by 
the  legislative  bodies  concerned. 

Under  these  circumstances,  and  with  the  further  object  of  afford- 
ing evidence  of  their  anxious  desire  to  promote  good  feeling  and  to 
remove  all  possible  subjects  of  controversy,  the  British  plenipoteu- 
tiaiies  are  ready  to  make  the  following  temporary  arrangement  for  a 
period  not  exceeding  two  years,  in  order  to  afford  a  ''modus  vivendi" 
pending  the  ratification  of  the  treaty. 

1.  For  a  period  not  exceeding  two  years  from  the  present  date,  the 
privilege  of  entering  the  bays  and  harbors  of  the  Atlantic  coasts  of 
Canada  and  Newfoundland  shall  be  granted  to  United  States  fishing 
vessels  by  annual  licenses  at  a  fee  of  $1^  per  ton — for  the  following 
purposes  : 

The  purchase  of  bait,  ice,  seines,  lines,  and  all  other  supplies  and 
outfits. 

Transshipment  of  catch  and  shipping  of  crews. 

2.  If  during  the  continuance  ot  this  arrangement,  the  United  States 
should  remove  the  duties  on  fish,  fish-oil,  whale  and  seal-oil  (and 
their  coverings,  packages,  &c.),  the  said  licenses  shall  be  issued  free 
of  charge. 

3.  United  States  fishing-vessels  entering  the  bays  and  harbors  of 
the  Atlantic  coasts  of  Canada  or  of  Newfoundland  for  any  of  the  four 
purposes  mentioned  in  Article  I  of  the  convention  of  October  20, 
1818,  and  not  remaining  therein  more  than  twenty-four  hours,  shall 
not  be  required  to  enter  or  clear  at  the  custom  house,  providing  that 
they  do  not  communicate  with  the  shore. 


•?* 


33 

4.  Forfeiture  to  be  exacted  only  for  the  offenses  of  fishing  or  pre- 
paring to  fish  in  territorial  waters. 

6.  This  arrangement  to  take  effect  as  soon  as  the  necessary  meas- 
ures can  be  completed  by  the  colonial  authorities. 

J.  CHAMBERLAIN. 
L.  S.  SACKVILLE  WEST. 
CHARLES  TUPPER. 
WASHiNaTON,  February  15,  1888. 


\ 


PROTOCOL. 

The  American  plenipotentiaries  having  received  the  communica- 
tion of  the  British  plenipotentiaries  of  this  date  conveying  their  plan 
for  the  administration  to  be  observed  by  the  Governments  of  Canada 
and  Newfoundland  in  respect  of  the  fisheries  during  the  period  which 
may  be  requisite  for  the  consideration  by  the  Senate  of  the  treaty 
this  day  signed,  and  the  enactment  of  the  legislation  by  the  respect- 
ive Governments  therein  proposed,  desire  to  express  their  satisfaction 
with  this  manifestation  of  an  intention  on  the  part  of  the  British 
plenipotentiaries,  by  the  means  referred  to,  to  maintain  the  relations 
of  good  neighborhood  between  the  British  possessions  in  North 
America  and  the  United  States  ;  iTud  they  will  convey  the  communi- 
cation of  the  British  plenipotentiaries  to  the  President  of  the  United 
States,  with  a  recommendation  that  the  same  may  be  by  him  made 
known  to  the  Senate  for  its  information,  together  with  the  treaty, 
when  the  latter  is  submitted  to  that  body  for  ratification. 

T.  F.  BAYARD. 


Wasfinqton,  February  15,  188«. 


WILLIAM  L.  PUTNAM. 
JAMES  B.  ANGELL. 


